Wp(C)/42063/2018 Of Koratty 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 21ST DAY OF DECEMBER 2018 / 30TH AGRAHAYANA, 1940 WP(C).No. 42063 of 2018 PETITIONER/S: KORATTY SERVICE CO-OPERATIVE BANK LIMITED,KORATTY, THRISSUR-680 308, REPRESENTED BY ITS SECRETARY SRI.SANIL KUMAR.N.G. BY ADV. SRI.K.S.HARIHARAN NAIR OTHER PRESENT: SRI JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- J U D G M E N T The petitioner, an assessee under the Income Tax Act, 1961, 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 taking coercivesteps before the appellate authority could consider the stay petitionin the appeal, the petitioner has filed this writ petition. 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 that it has also fileda stay petition. Procedural fairness demands that the authorities may wait, before taking further steps, until the appellate authoritydecides on the stay petition. Therefore, I dispose of the writ petition directing therespondent authority to defer coercive steps until the second W.P.(C) No.42063/2018 respondent considers the stay petition. I also hope that the second respondent will dispose of the stay petition expeditiously. Sd/- DAMA SESHADRI NAIDU JUDGE jjj APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1COPY OF ASSESSMENT ORDER DATED 03.12.2018 ISSUED BY THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2011-12. EXHIBIT P2COPY OF APPEAL MEMORANDUM DATED 18.12.2018 AGAINST EXT.P1. EXHIBIT P3COPY OF THE STAY PETITION ON STATUTORY APPEAL BEFORE THE 2ND RESPONDENT FOR THE FINANCIAL YEAR DATED 18.12.2018.