Wp(C)/4200/2012 Of Kerala State Co-Operative Bank Limited v. Addiional Commissionr Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC TUESDAY, THE 21ST DAY OF FEBRUARY 2012/2ND PHALGUNA 1933 WP(C).No. 4200 of 2012 (Y) -------------------------- PETITIONER(S): ----------------------- KERALA STATE CO-OPERATIVE BANK LIMITED, COBANK TOWERS, PALAYAM, P.B.NO.6514, THIRUVANANTHAPURAM-695 033 REPRESENTED BY ITS MANAGING DIRECTOR A.T.JAMES. IAS. BY ADVS.SRI.V.V.ASOKAN SRI.V.SURESH (TRIVANDRUM) RESPONDENT(S): --------------------------- 1. ADDIIONAL COMMISSIONR OF INCOME TAX, RANGE II, THIRUVANANTHAPURAM-695 004. RANGE II, THIRUVANANTHAPURAM-695 004. 2. COMMISSIONER OF INCOME TAX (APPEALS), THIRUVANANTHAPURAM-695 004. THIRUVANANTHAPURAM-695 004. 3. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE I (2), THIRUVANANTHAPURAM-695 004. CIRCLE I (2), THIRUVANANTHAPURAM-695 004. R1 TO R3 BY ADV.SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)NO.4200/2012 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE COPY OF THE ASSESSMENT ORDER ALONG WITH THE COMPUTATION STATEMENT (AY-2009-10). DATED 27/12/2011 COMPUTATION STATEMENT (AY-2009-10). DATED 27/12/2011 EXHIBIT P2: TRUE COPY OF THE RECTIFICATION ORDER PASSED BY THE 1ST RESPONDENT. DATED 2/2/2012 RESPONDENT. DATED 2/2/2012 EXHIBIT P3: TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT (AY-2009-10). DATED 12/1/2012 RESPONDENT (AY-2009-10). DATED 12/1/2012 EXHIBIT P4: TURE COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT (AY-2009-10). DATED 2/2/2012 THE 2ND RESPONDENT (AY-2009-10). DATED 2/2/2012 EXHIBIT P5: TRUE COPY OF THE STAY PETITION FILED BEFORE THE 1ST RESPONDENT. DATED 2/2/2012 DATED 2/2/2012 EXHIBIT P6: TRUE COPY OF THE LETTER ISSUED BY THE THIRD RESPONDENT DATED 8/2/2012. DATED 8/2/2012. RESPONDENTS' EXHIBITS :NIL /TRUE COPY/ P.A.TO.JUDGE ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.4200 OF 2012(Y) -------------------------------------------------- Dated this the 21[st] day of February, 2012 J U D G M E N T Heard both sides. 2. Petitioner is a Co-operative Bank. Ext.P1 is the order ofassessment issued under the Income Tax Act for the year 2009-2010 and Ext.P2 is the rectification order. Aggrieved by theseproceedings petitioner filed Ext.P3 appeal before the 2[nd]respondent. In the appeal petitioner also filed Ext.P4 applicationfor stay. Meanwhile petitioner filed Ext.P5 application to the 3[rd]respondent to defer the revenue recovery proceedings and thatwas rejected as per Ext.P6. It is thereupon that this writ petitionhas been filed. As at present Exts.P3 appeal and Ext.P4 application forstay are pending consideration of the 2[nd] respondent, theappellate authority, I direct the 2[nd] respondent to consider Ext.P5application for stay with notice to the petitioner as expeditiouslyas possible and at any rate within 8 weeks from today. It is :2 : directed that until order are passed on the stay petition further proceedings pursuant to Exts.P1 and P2 will be kept in abeyance. Writ petition is disposed of as above. vi/ (ANTONY DOMINIC) JUDGE