Wp(C)/5682/2019 Of Navaikulam Service Co-Operative Bank Limited v. The Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDUMONDAY ,THE 25TH DAY OF FEBRUARY 2019 / 6TH PHALGUNA,1940 WP(C).No. 5682 of 2019 PETITIONER/S: NAVAIKULAM SERVICE CO-OPERATIVE BANK LIMITED,NO. 964, REPRESENTED BY ITS SECRETARY BINDU .S., W/O. ANILKUMAR.N., AGED 47 YEARS, NAVIKULAM P.O., THIRUVANANTHAPURAM DISTRICT, KERALA, 695 603. BY ADVS.SRI.C.A.JOJOSRI.JACOB CHACKOSRI.MATHEWS JOSEPH RESPONDENT/S: 4THE ASSISTANT INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH IS PRESS ROD, KACHERIPADY,KOCHI 682 018. THE ASSISTANT INCOME TAX APPELLATE TRIBUNAL, W.P.(C). No. 5682 of 2019 5BRANCH MANAGER,ICICI BANK, KALLAMBALAM BRANCH THIRUVANANTHAPURAM. 695 605. 6THE BRANCH MANAGER, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, THIRUVANANTHAPURAM 695 513. OTHER PRESENT: SC SRI. CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The petitioner, an assessee under the Income Tax Act, on therolls of the 2[nd ]respondent, questioned the Exts.P2 and P4 assessmentorders, before the 3[rd] respondent, who rejected it. Later, thepetitioner approached the 4[th] respondent with second appeals. Thepetitioner has also filed stay petitions in the appeals. Ventilating itsgrievance that the authorities are taking coercive steps before theappellate authority could consider the stay petition, the petitionerhas filed this writ petition. 2.Heard the learned counsel for the petitioner and the W.P.(C). No. 5682 of 2019 learned Standing Counsel for the respondents. 3.I reckon the petitioner has exercised on time its statutory remedy of filing appeals. It appears that it has also filed staypetitions. Procedural fairness demands that the authorities may wait,before taking further steps, until the appellate authority decides onthe stay petitions. Therefore, I dispose of the writ petition directing therespondent authority to defer coercive steps until the 4[th] respondentconsiders the stay petitions. I also hope that the 4[th] respondent willdispose of the stay petitions expeditiously. Because of thisarrangement Exts.P14 and P15 stand suspended. Sd/- DAMA SESHADRI NAIDU JUDGE W.P.(C). No. 5682 of 2019 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A COPY OF THE CERTIFICATE IN THIS REGARD ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM DATED 25.11.2015.REGARD ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM DATED 25.11.2015. EXHIBIT P2A TRUE COPY OF THE ASSESSMENT ORDER DATED 29.12.2016 ISSUED BY THE FIRST RESPONDENT.DATED 29.12.2016 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P3A TRUE COPY OF THE DEMAND NOTICE DATED29.12.2016 ISSUED BY THE FIRST RESPONDENT.29.12.2016 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P4A TRUE COPY OF THE ASSESSMENT ORDER DATED 29.12.2017 ISSUED BY THE 2ND RESPONDENT.DATED 29.12.2017 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE DEMAND NOTICE DATED29.12.2016 ISSUED BY THE 2ND RESPONDENT.29.12.2016 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P6A TRUE COPY OF THE APPELLATE ORDER DATED 18.12.2018 ISSUED BY THE 3RD RESPONDENT.DATED 18.12.2018 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE APPELLATE ORDER DATED 18.12.2018 ISSUED BY THE 3RD RESPONDENT.DATED 18.12.2018 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P8A TRUE COPY OF ORDER GIVING EFFECT TO ORDER U/S 250 ISSUED BY THE 1ST RESPONDENT FOR AY 2014-15 DATED 22.1.2019.ORDER U/S 250 ISSUED BY THE 1ST RESPONDENT FOR AY 2014-15 DATED 22.1.2019. EXHIBIT P9 A TRUE COPY OF ORDER GIVING EFFECT TO ORDER U/S 250 ISSUED BY THE 1ST RESPONDENT FOR AY 2015-16 DATED 21.1.2019.ORDER U/S 250 ISSUED BY THE 1ST RESPONDENT FOR AY 2015-16 DATED 21.1.2019. W.P.(C). No. 5682 of 2019 EXHIBIT P10 EXHIBIT P11 EXHIBIT P12 EXHIBIT P13 EXHIBIT P14 EXHIBIT P15 EXHIBIT P16 EXHIBIT P6A TRUE COPY OF THE APPELLATE ORDER DATED 18.12.2018 ISSUED BY THE 3RD RESPONDENT.DATED 18.12.2018 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE APPELLATE ORDER DATED 18.12.2018 ISSUED BY THE 3RD RESPONDENT.DATED 18.12.2018 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P8A TRUE COPY OF ORDER GIVING EFFECT TO ORDER U/S 250 ISSUED BY THE 1ST RESPONDENT FOR AY 2014-15 DATED 22.1.2019.ORDER U/S 250 ISSUED BY THE 1ST RESPONDENT FOR AY 2014-15 DATED 22.1.2019. EXHIBIT P9 A TRUE COPY OF ORDER GIVING EFFECT TO ORDER U/S 250 ISSUED BY THE 1ST RESPONDENT FOR AY 2015-16 DATED 21.1.2019.ORDER U/S 250 ISSUED BY THE 1ST RESPONDENT FOR AY 2015-16 DATED 21.1.2019. W.P.(C). No. 5682 of 2019 EXHIBIT P10 EXHIBIT P11 EXHIBIT P12 EXHIBIT P13 EXHIBIT P14 EXHIBIT P15 EXHIBIT P16 A TRUE COPY OF THE APPEAL FOR AY 2014-15 DATED 20.2.2019 BEFORE THE 4TH RESPONDENT. A TRUE COPY OF THE STY PETITION FOR AY2014-15 DATED 20.02.2019 BEFORE THE 4TH RESPONDENT. A TRUE COPY OF THE APPEAL FOR AY 2015-6 DATED 20.2.2019 BEFORE THE 4TH RESPONDENT. A TRUE COPY OF THE STAY PETITION FOR AY 2015-16 DATED 20.2.2019 BEFORE THE 4TH RESPONDENT. A TRUE COPY OF THE NOTICE U/S 226 (3) OF THE INCOME TAX ACT ISSUED TO THE 5TH RESPONDENT BY THE 1ST RESPONDENT DATED 22.2.2019. A TRUE COPY OF THE NOTICE U/S 226 (3) OF THE INCOME TAX ACT ISSUED TO THE 6TH RESPONDENT BY THE 1ST RESPONDENT DATED 22.2.2019. A TRUE COPY OF THE JUDGMENT OF THIS HONBLE COURT IN SIMILAR CASE IN WPC NO. 40553/18 DATED 4.1.2019.