Wp(C)/40239/2017 Of Eriyad Service Co-Operative Bank Limited v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR FRIDAY, THE 12TH DAY OF JANUARY 2018 / 22ND POUSHA, 1939 WP(C).No. 40239 of 2017 (D) PETITIONER ERIYAD SERVICE CO-OPERATIVE BANK LIMITED,KODUNGALLUR, ERIYAD P.O., THRISSUR-680666,REPRESENTED BY THE SECRETARY, A.S.RAFI. BY ADVS.SRI.C.A.JOJO SRI.JACOB CHACKO. RESPONDENTS 1 THE INCOME TAX OFFICER, WARD NO.2(1),AYAKAR BHAVAN, THRISSUR, PIN-680 001. 2 THE COMMISSIONER OF INCOME TAX (APPEALS),OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS),AYAKAR BHAVAN, THRISSUR-680 001. 3 THE MANAGER, THRISSUR DISTRICT CO-OPERATIVE BANK, ERIYAD BRANCH, ERIYAD P.O., PIN-680 666. R1-R2 BY ADVS. SRI.P.K.RAVINDRANATHA MENON (SR.) SRI.JOSE JOSEPH, SC. R3 BY ADV. SRI.P.C.SASIDHARAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-01-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 40239 of 2017(D) APPENDIX PETITIONER(S)' EXHIBITS RESPONDENT(S)' EXHIBITS NIL // TRUE COPY// P.S TO JUDGE. P.B.SURESH KUMAR, J. ================== W.P.(C.) No.40239 of 2017 ---------------------------------------------- Dated this the 12[th] day of January, 2018 JUDGMENT Petitioner is a Primary Agricultural Credit Societyregistered under the Kerala Co-operative Societies Act. Ext.P2 isthe assessment order of the petitioner under the Income Tax Actfor the assessment year 2008-09. Ext.P2 order has beenchallenged by the petitioner in Ext.P4 appeal. Ext.P5 is theapplication preferred by the petitioner in Ext.P4 appeal for stay.Ext.P5 application has now been disposed of in terms of Ext.P6order granting the stay sought for by the petitioner on conditionthat the petitioner shall pay 30% of the disputed tax. Ext.P6order is under challenge in the writ petition. 2.Heard the learned counsel for the petitioner asalso the learned Standing Counsel for the respondents. W.P.(C.) No.40239/2017 3. This Court has disposed of an identical case, as per the judgment in W.P.(C.) No. 38566 of 2017, granting thepetitioner therein an unconditional stay, pending disposal of theappeal. In the light of the judgment aforesaid, the writ petition is allowed, modifying the impugned order and granting thepetitioner unconditional stay pending disposal of the appealagainst Ext.P2 order. Having regard to the peculiar facts andcircumstances of this case, it is also directed that the appellateauthority shall dispose of the appeal as expeditiously as possible. sd/- P.B. SURESH KUMAR, JUDGE