Wp(C)/38005/2018 Of Inchakundu Service Co-Operative Bank Limited v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY ,THE 23RD DAY OF NOVEMBER 2018 / 2ND AGRAHAYANA, 1940 WP(C).No. 38005 of 2018 PETITIONER/S: INCHAKUNDU SERVICE CO-OPERATIVE BANK LIMITEDINCHAKUNDU, MUPLIYAM, THRISSUR - 680 312, REPRESENTED BY ITS SECRETARY K.A. JAICY BY ADV. SRI.K.S.HARIHARAN NAIR OTHER PRESENT: SC SRI. JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T The petitioner, a Co-operative Agricultural and Rural Development Bank, as an assessee under the Income Tax Act,questioned the Ext.P1 assessment order before the secondrespondent. The petitioner, in the appeal, filed a stay petition,too. Ventilating its grievance that the authorities are takingcoercive steps before the appellate authority could consider thestay petition in the appeal, the petitioner has filed this writpetition. 2.Heard the learned counsel for the petitioner and thelearned Standing Counsel. 3.I reckon the petitioner has exercised on time its statutory remedy of filing an appeal. It appears thatit has alsofiled a stay petition. Procedural fairness demands that the authorities may wait, before taking further steps, until theappellate authority decides on the stay petition. Therefore, I dispose of the writ petition directing therespondent authority to defer coercive steps until the secondrespondent considers the stay petition. I also hope that thesecondrespondent will dispose of the stay petitionexpeditiously. Sd/- DAMA SESHADRI NAIDU JUDGE jjj APPENDIX PETITIONER'S/S EXHIBITS:EXHIBIT P1COPY OF ASSESSMENT ORDER DATED 5.11.2018 ISSUED BY THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2011-12. EXHIBIT P2COPY OF APPEAL MEMORANDUM DATED 17.11.2018 AGAINST EXT.P1. EXHIBIT P3COPY OF THE STAY PETITION ON STATUTORY APPEAL BEFORE THE 2ND RESPONDENT FOR THE FINANCIAL YEAR DATED 17.11.2018