Wp(C)/5866/2018 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 A.MUHAMED MUSTAQUE THURSDAY, THE 22ND DAY OF FEBRUARY 2018 / 3RD PHALGUNA, 1939 WP(C).No. 5866 of 2018 ------------------ PETITIONER(S) ------------- NAVAIKULAM SERVICE CO-OPERATIVE BANK LIMITED NO.964,REPRESENTED BY ITS SECRETARY BINDU. S., W/O. ANILKUMAR. N., AGED 47 YEARS, NAVAIKULAM P.O, THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695 603. BY ADVS.SRI.C.A.JOJO, SRI.JACOB CHACKO. RESPONDENT(S): -------------- 1. THE DEPUTY COMMISSIONER OF INCOME TAX,INCOME TAX OFFICER, WARD 2, KOWDIAR,THIRUVANANTHAPURAM - 695 003. 2. THE ASSISTANT COMMISSIONER OF INCOME TAX,CIRCLE 2(1), KOWDIAR, TRIVANDRUM - 695 003.CIRCLE 2(1), KOWDIAR, TRIVANDRUM - 695 003. 3. COMMISSIONER OF INCOME TAX(APPEALS)-I,OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS),THIRUVANANTHAPURAM - 695 003. BY SRI.CHRISTOPHER ABRAHAM, SC. rs. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'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. EXHIBIT P2 A TRUE COPY OF THE ASSESSMENT ORDER DATED 29.12.2016 ISSUED BY THE FIRST RESPONDENT. 29.12.2016 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE DEMAND NOTICE DATED 29.12.2016 ISSUED BY THE FIRST RESPONDENT. 29.12.2016 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE ASSESSMENT ORDER DATED 29.12.2017 ISSUED BY THE SECOND RESPONDENT. 29.12.2017 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE DEMAND NOTICE DATED 29.12.2017 ISSUED BY THE SECOND RESPONDENT. 29.12.2017 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE E-FILED APPEAL FOR AY 2014-15 DATED 30-01-2017 FILED BEFORE THE THIRD RESPONDENT. DATED 30-01-2017 FILED BEFORE THE THIRD RESPONDENT. EXHIBIT P7A TRUE COPY OF THE E-FILED APPEAL FOR AY 2014-15 DATED 31/01/2018 FILED BEFORE THE THIRD RESPONDENT.DATED 31/01/2018 FILED BEFORE THE THIRD RESPONDENT. EXHIBIT P8A TRUE COPY OF THE REVIEW PETITION FOR AY 2014-15DATED 23/10/2017 BEFORE THE PRINCIPAL COMMISSIONERTRIVANDRUM.DATED 23/10/2017 BEFORE THE PRINCIPAL COMMISSIONERTRIVANDRUM. EXHIBIT P9A TRUE COPY OF THE STAY PETITION FOR AY 2015-16 DATED 03/02/2018 BEFORE THE 3RD RESPONDENT.DATED 03/02/2018 BEFORE THE 3RD RESPONDENT. EXHIBIT P10A TRUE COPY OF THE DEMAND DATED 09/02/2018 BY THE 2ND RESPONDENT.2ND RESPONDENT. EXHIBIT P11A TRUE COPY OF THE ORDER OF THE HONOURABLE ITAT,COCHIN BENCH IN ITA NO.361/COCH/2016 DATED 18/11/2016.COCHIN BENCH IN ITA NO.361/COCH/2016 DATED 18/11/2016.EXHIBIT P12A TRUE COPY OF THE STAY PETITION FOR AY 2014-15 FILED BEFORE THE 3RD RESPONDENT BY THE PETITIONER DATED 21/02/2017.FILED BEFORE THE 3RD RESPONDENT BY THE PETITIONER DATED 21/02/2017. RESPONDENT'S EXHIBITS:NIL. //TRUE COPY// rs. P.S. TO JUDGE A. MUHAMED MUSTAQUE, J. ------------------------------------ W.P. (C) No.5866 of 2018 ------------------------------------ Dated this the 22[nd] day of February, 2018 J U D G M E N T The petitioner, aggrieved by the assessment orders forthe years 2014-2015 and 2015-2016, filed Exts.P6 and P7appeals before the Commissioner of Income Tax (Appeals),3[rd] respondent. The petitioner also filed a stay petition beforethe 3[rd] respondent. In the light of the above, there will be a direction to the3[rd] respondent to consider the stay application filed by thepetitioner within a period of two months. Till suchconsideration of the stay application, all coercive steps asagainst the petitioner, based on the impugned assessmentorder in the appeal, shall be deferred. ------------------------------------ W.P. (C) No.5866 of 2018 ------------------------------------ Dated this the 22[nd] day of February, 2018 J U D G M E N T The petitioner, aggrieved by the assessment orders forthe years 2014-2015 and 2015-2016, filed Exts.P6 and P7appeals before the Commissioner of Income Tax (Appeals),3[rd] respondent. The petitioner also filed a stay petition beforethe 3[rd] respondent. In the light of the above, there will be a direction to the3[rd] respondent to consider the stay application filed by thepetitioner within a period of two months. Till suchconsideration of the stay application, all coercive steps asagainst the petitioner, based on the impugned assessmentorder in the appeal, shall be deferred. This writ petition is disposed of as above. A. MUHAMED MUSTAQUEJUDGE