Wp(C)/42359/2022 Of Ochanthuruth Service Co-Operative Bank v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 23 DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 WP(C) NO. 42359 OF 2022 PETITIONER: 1OCHANTHURUTH SERVICE CO-OPERATIVE BANKOCHANTHURUTH, COCHIN, ERNAKULAM - PIN - 682508REPRESENTED BY ITS SECRETARYSMT. SINDHU M.BY ADVS.AJI V.DEVALAN PRIYADARSHI DEVS.SAJEEVAN RESPONDENTS: 1THE INCOME TAX OFFICERNON CORP WARD 2(5), INCOME TAX OFFICE,L.G. TOWERS, THOPPUMPADY, ERNAKULAM -, PIN - 6820052THE COMMISSIONER OF INCOME TAX (APPEALS)NATIONAL FACELESS APPEAL CENTRE (NFAC), DELHI, PIN - 110001REPRESENTED BT THE PRINCIPAL CHIEF COMMISSIONER, 3THE INCOME TAX APPELLATE TRIBUNAL,COCHIN BENCH, KENDRIYA BHAVAN, KAKKANAD - PIN - 682037REPRESENTED BY ITS ASSISTANT REGISTRAR BY ADVS.SRI CHRISTOPHER ABRAHAMSRI.JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC No.42359 of 2022 JUDGMENT Dated this the 23[rd] day of December, 2022 The petitioner suffered Ext.P1 order of assessment for the assessment year 2017-18 underthe provisions of the Income Tax Act, 1962. The saidorder has been confirmed by the Appellate Authoritythrough Ext.P2 order prompting the petitioner to file asecond appeal before the Income Tax AppellateTribunal along with application for stay. 2. Learned counsel appearing for the petitioner submits that till the Tribunal considers the applicationfor stay, any proceedings for recovery of amounts duein Ext.P1 order of assessment as confirmed by Ext.P2order of the First Appellate Authority may be kept inabeyance. 3. Learned counsel for the respondentDepartment has no objection in such a direction beingissued. WPC No.42359 of 2022 Therefore, this writ petition is disposed ofdirecting that any steps for recovery of amounts dueunder Ext.P1 order of assessment as confirmed byExt.P2 order of the First Appellate Authority shall bekept in abeyance till orders are passed on Ext.P4 stayapplication by 3[rd] respondent Tribunal. The Tribunalshall endeavour to pass orders on Ext.P4 stayapplication within a period of three months from thedate of receipt of a certified copy of this judgment. Sd/- GOPINATH P. JUDGE APPENDIX OF WP(C) 42359/2022 PETITIONER’S EXHIBITS: EXHIBIT P1TRUE COPY OF THE ASSESSMENT ORDER PASSED BY THE1ST RESPONDENT FOR THE YEAR 2017-18 DATED 30-12-2019 EXHIBIT P2 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 25.11.2022 EXHIBIT P3TRUE COPY OF THE STATUTORY APPEAL FILED BY THE PETITIONER AGAINST EXT.P.2 ORDER BEFORE 3RD RESPONDENT DATED 07.12.2022 EXHIBIT P4 TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE 3RD RESPONDENT DATED: 07.12.2022 RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE