Wp(C)/5225/2012 Of The Peralasseri Service Co-Operative Bank v. The Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC FRIDAY, THE 2ND DAY OF MARCH 2012/12TH PHALGUNA 1933 WP(C).No. 5225 of 2012 (C) -------------------------- PETITIONER(S): ------------------------- THE PERALASSERI SERVICE CO-OPERATIVE BANK LIMITED NO.F 2766, P.O.MUNDALUR, PIN-670622, KANNUR DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADVS.SRI.M.SASINDRAN SRI.P.SASI SRI.V.VENUGOPAL RESPONDENT(S): --------------------------- 1. THE COMMISSIONER OF INCOME TAX(APPEALS), KOZHIKODE-PIN-673 001. KOZHIKODE-PIN-673 001. 2. THE INCOME TAX OFFICER, WARD - I, KANNUR-PIN-670 001. R1 & R2 BY ADV.SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)NO.5225/2012 APPENDIX PETITIONER'S EXHIBITS: P1COPY OF THE RELEVANT EXTRACT OF THE BYE LAWS OF THE SOCIETY. P2COPY OF THE NOTICE DATED 11/8/2011 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER'S SOCIETY.THE PETITIONER'S SOCIETY. P3COPY OF THE PRE-ASSESSMENT NOTICE DATED 29/11/2011 P4COPY OF THE REPLY DATED 12/12/2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.BEFORE THE 2ND RESPONDENT. P5COPY OF THE NOTICE OF DEMAND DATED 20/12/2011 ALONG WITH THE ASSESSMENT ORDER.ASSESSMENT ORDER. P6COPY OF THE APPEAL FILED BY THE PETITIONER AGAINST THE EXHIBIT P5 P7COPY OF THE NOTICE DATED 3/2/2012 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.THE PETITIONER. P8COPY OF THE PETITION DATED 15/2/2012 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.BEFORE THE 2ND RESPONDENT. P9COPY OF THE APPLICATION DATED 14/2/2012 TO STAY THE PAYMENT OF THE TAX DEMANDED TILL THE DISPOSAL OF THE APPEAL.TAX DEMANDED TILL THE DISPOSAL OF THE APPEAL. P10COPY OF THE APPLICATION FOR STAY SUBMITTED BY THE PETITIONER BEFORE THE APPELLATE AUTHORITY.BEFORE THE APPELLATE AUTHORITY. RESPONDENT'S EXHIBITS:NIL /TRUE COPY/ P.A.TO.JUDGE ANTONY DOMINIC,J ------------------------------------------ W.P.(C)No.5225 of 2012 ------------------------------------- Dated this the 2[nd ] day of March, 2012 JUDGMENT Aggrieved by Ext.P5 order of assessment under the Income Tax Act, the petitioner has filed Ext.P6 appeal and Ext.P10 staypetition. The appeal and the stay petition are pendingconsideration of the first respondent and in the meanwhileapprehending recovery proceedings have been initiated, the writpetition has been filed. 2. Taking note of the pendency of Ext.P6 appeal andExt.P10 stay petition, the writ petition is disposed of directing the first respondent to consider and pass orders on Ext.P10 withnotice to the petitioner and as expeditiously as possible, at anyrate, within six weeks of production of a copy of this judgment. Itis directed that in the meanwhile, further proceedings pursuantto Ext.P5 will be kept in abeyance. 3. Petitioner shall produce a copy of this judgment alongwith a copy of the writ petition before the first respondent forcompliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE