Wp(C)/38255/2015 Of The Parappanangadi Service Co-Operative Bank Ltd v. The Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 16TH DAY OF DECEMBER 2015/25TH AGRAHAYANA, 1937 WP(C).No. 38255 of 2015 (F) -------------------------------------------- NAME AND ADDRESS OF THE PETITIONER(S) : ---------------------------------------------------------------------- PARAPPANANGADI SERVICE CO-OPERATIVE BANK LIMITED NO.F.2302, P.O PARAPPANANGADI, MALAPPURAM DISTRICT- 679 340,REPRESENTED BY ITS SECRETARY. BY ADV. SRI.O.D.SIVADAS NAME AND ADDRESS OF THE RESPONDENT(S) : -------------------------------------------------------------------------- 1. THE COMMISSIONER OF INCOME TAX (APPEALS), AYAKAR BHAVAN, KOZHIKODE- 673 001. AYAKAR BHAVAN, KOZHIKODE- 673 001. 2. THE INCOME TAX OFFICER, WARD (3), TIRUR- 676 101. WARD (3), TIRUR- 676 101. BY ADV. SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Msd. WP(C).No. 38255 of 2015 (F) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS : ---------------------------------------- EXHIBIT P1:COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2009-10. EXHIBIT P2:COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2010-11. EXHIBIT P3:COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2011-12. EXHIBIT P4:COPY OF THE APPEAL FOR THE PERIOD 2009-10. EXHIBIT P5:COPY OF THE APPEAL FOR THE PERIOD 2010-11. EXHIBIT P6:COPY OF THE APPEAL FOR THE PERIOD 2011-12. EXHIBIT P7:COPY OF THE STAY PETITION THE PERIOD 2009-10. EXHIBIT P8:COPY OF THE STAY PETITION FOR THE PERIOD 2010-11. EXHIBIT P9:COPY OF THE STAY PETITION FOR THE PERIOD 2011-12. EXHIBIT P10: COPY OF THE INTERIM ORDER ISSUED BY THIS HONOURABLE COURT IN I.A.NO.2573 OF 2014 IN I.T.A.NO.198 OF 2014. RESPONDENT(S)' EXHIBITS : ------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE. Msd. A.K.JAYASANKARAN NAMBIAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.38255 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16[th] day of December 2015 JUDGMENT Against Exts. P1 to P3 assessment orders under the IncomeTax Act, the petitioner has preferred Exts.P4 to P6 appeals andExts.P7 to P9 stay petitions before the 1[st] respondent. It is the caseof the petitioner that even prior to considering the stay petition,recovery steps are sought to be pursued for recovery of theamounts confirmed by Exts. P1 to P3 assessment orders. 2. I have heard the learned counsel for the petitioner andalso the learned Government Pleader for the respondents. 3. On a consideration of the facts and circumstances of thecase as also the submissions made across the Bar, I dispose thewrit petition with the following directions: i) The 1[st] respondent shall consider and passorders on Exts.P7 to P9 stay petitions within aperiod of one month from the date of receipt ofa copy of this judgment, after hearing thepetitioner. sm/ ii) Recovery steps for recovery of amountsconfirmed against petitioner by Exts.P1 to P3assessment orders shall be kept in abeyance tillorders are passed by the 1[st] respondent asdirected above and communicated to thepetitioner. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE