Wp(C)/3755/2010 Of The Vallapuzha Service Co-Op. Bank Ltd v. The Income Tax Officer(Tds), Palakkad

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 17TH DAY OF AUGUST 2016/26TH SRAVANA, 1938 WP(C).No. 3755 of 2010 (T) ------------------------------------------ PETITIONER(S) : --------------------------- THE VALLAPUZHA SERVICE CO-OP. BANK LTD. VALLAPPUZHA, NELLAYA, PALAKKAD DISTRICT 679 336, REP BY ITS SECRETARY, SHRI K.RAMANUNNY. BY SRI.T.M.SREEDHARAN (SENIOR ADVOCATE) ADVS. SRI.V.P.NARAYANAN SMT.C.K.SHERIN ADVS. SRI.V.P.NARAYANAN RESPONDENT(S) : ----------------------------- 1. THE INCOME TAX OFFICER(TDS), PALAKKAD RANGE, PALAKKAD. 2. THE COMMISSIONER OF INCOME TAX (APPEALS)-V, KERA BHAVAN, 6TH FLOOR, SRVHS ROAD, KOCHI-11 BY ADV. SRI.JOSE JOSEPH, S.C THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Msd. ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS : EXHIBIT P1:TRUE COPY OF THE ORDER U/S.201 OF THE IT ACT, 1961 DATED 30.01.2009 FOR 2007-2008 PASSED BY THE FIRST RESPONDENT.DATED 30.01.2009 FOR 2007-2008 PASSED BY THE FIRST RESPONDENT. EXHIBIT P2:TRUE COPY OF THE ORDER U/S.201 OF THE IT ACT, 1961DATED 30.01.2009 FOR 2008-2009 PASSED BY THE FIRST RESPONDENT.DATED 30.01.2009 FOR 2008-2009 PASSED BY THE FIRST RESPONDENT. EXHIBIT P3:TRUE COPY OF MEMORANDUM OF APPEAL DATED 16.03.2009FOR 2007-2008 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.FOR 2007-2008 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. EXHIBIT P4:TRUE COPY OF MEMORANDUM OF APPEAL DATED 16.03.2009FOR 2008-2009 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.FOR 2008-2009 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. EXHIBIT P5:TRUE COPY OF THE STAY PETITION FOR 2007-2008 DATED 16.03.2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.DATED 16.03.2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P6:TRUE COPY OF THE STAY PETITION FOR 2008-2009 DATED 16.03.2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.DATED 16.03.2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P7:TRUE COPY OF NOTICE DATED 30.12.2009 PASSED BY THE FIRST RESPONDENT.THE FIRST RESPONDENT. RESPONDENT(S)' EXHIBITS : NIL //TRUE COPY// P.A.TO JUDGE. Msd. A.M.SHAFFIQUE, J * * * * * * * * * * * * W.P.C.No.3755 of 2010 ---------------------------------------- Dated this the 17[th] day of August 2016 J U D G M E N T This writ petition is filed challenging Exts.P1 and P2 by whicha demand had been made by the Income Tax Department underSection 201 of the Income Tax Act, 1961 in respect of theassessment years 2007-08 and 2008-09. According to thepetitioner, during the pendency of the writ petition, an appeal waspreferred and the same came to be rejected. However, no secondappeal was filed. 2.Having regard to the fact that this writ petition waspending and there was a stay of recovery, it would only beappropriate to give the petitioner an opportunity to prefer asecond appeal before the Tribunal. 3.In the result, this writ petition is disposed of as under: i)Petitioner is permitted to file an appropriateappeal before the Tribunal within a period of one month from thedate of receipt of a copy of this judgment. W.P.C.No.3755/2010 2 ii)Interim order granted in this case shall remain in force for the said one month period. (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr