Wp(C)/36871/2016 Of Chendamangalam Service Co-Operative Bank Ltd v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 17TH DAY OF NOVEMBER 2016/26TH KARTHIKA, 1938 WP(C).No. 36871 of 2016 (H) ---------------------------- PETITIONER : --------------------- CHENDAMANGALAM SERVICE CO-OPERATIVE BANK LTD NO.132, CHENDAMANGALAM.P.O., PIN-683 512, REPRESENTED BY ITS SECRETARY. BY ADVS.SRI.M.M.MONAYE SRI.DESI MATTHAI RESPONDENT(S): ---------------------------- 1. INCOME TAX OFFICER(WARD 3, ALUVA), OFFICE OF THE ADDITIONAL/JOINT COMMISSIONER OF INCOME TAX, ALUVA RANGE, KAP COMMERCIAL COMPLEX, RAILWAY STATION ROAD, ALUVA. 2. THE COMMISSIONER OF INCOME TAX (APPEALS)-II, POORNIMA BUILDING, NEAR MANORAMA JUNCTION, KOCHI-682 036. R1 & R2 BY SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).NO.36871/2016 APPENDIX PETITIONER'S EXHIBITS: P1COPY OF THE CERTIFICATE DATED 30/12/15 ISSUED BY THE COMPETENT AUTHORITY THAT THE PETITIONER SOCIETY IS A PRIMARY AGRICULTURAL CREDIT SOCIETY.AUTHORITY THAT THE PETITIONER SOCIETY IS A PRIMARY AGRICULTURAL CREDIT SOCIETY. P2COPY OF THE JUDGMENT DATED 15/2/2016 P3COPY OF THE ASSESSMENT ORDER FOR THE ASSESSMENT YEAR 2013-14 P4COPY OF THE DEMAND DATED 30/3/2016 FOR THE ASSESSMENT YEAR 2013-142013-14P5COPY OF THE APPEAL MEMORANDUM DATED 3/5/2016 FILED BY THE PETITIONER.PETITIONER. P6COPY OF THE NOTICE DATED 28/10/2016 P7COPY OF THE REPRESENTATION DATED 5/11/2016 P8COPY OF THE ORDER DATED 29/4/2016 IN WP(C).NO.16248/2016. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO JUDGE A.M. SHAFFIQUE, J.===============W.P. (C) No. 36871 of 2016 ================== Dated this, the 17[th] day of November, 2016 J U D G M E N T Petitioner had approached this Court at a stage when revenuerecovery proceedings had been initiated against the petitionerpursuant to Ext.P3 order of assessment. Petitioner had alreadypreferred an appeal before the Commissioner of Income Tax(Appeals) as Ext.P5, which is pending consideration. In themeantime, revenue recovery proceedings have been initiated torecover the amount. Learned counsel for the petitioner submits thatif any recovery is made, as matters stand now, petitioner will be putto serious hardship. 2.Having regard to the aforesaid submission, I am of theview that some time can be granted to the petitioner to approachthe appellate authority seeking for stay of further proceedings. Accordingly, this writ petition is disposed of as under:- (i)It shall be open for the petitioner to file an application forstay before the appellate authority, within one month from today. (ii)If the application is filed as stated above, the appellate -:2:- authority shall consider the same and pass appropriate orders, asexpeditiously as possible. (iii)Until disposal of the application, revenue recoveryproceedings, if any, shall be kept in abeyance. Rp17/11/2016 Sd/- A.M. SHAFFIQUE, JUDGE //True Copy// P.S to Judge