Wp(C)/6252/2019 Of Palode Co-Operative Agricultural Development Bank Ltd v. The Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY ,THE 01ST DAY OF MARCH 2019 / 10TH PHALGUNA, 1940WP(C).No. 6252 of 2019 PETITIONER: M/S PALODE CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK LTD.NO.T-862, KUSAVOOR, KARIMANCODE PALODE, THIRUVANANTHAPURAM-695 562, REPRESENTED BY ITS SECRETARY, SHRI. R. VAIJUKUMAR. BY ADVS.SRI.T.M.SREEDHARANSRI.V.P.NARAYANANSMT.DIVYA RAVINDRANSRI.R.BHASKARA KRISHNAN RESPONDENTS: 1THE ASSISTANT COMMISSIONER OF INCOME TAX,CIRCLE-2(1), AYAKKAR BHAWAN, KOWDIAR P.O, THIRUVANANTHAPURAM-695 0052THE COMMISSIONER OF INCOME TAX (APPEALS)AAYAKAR BHAWAN, KOWDIAR, THIRUVANANTHAPURAM-695 005 BY STANDING COUNSEL SRI. CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The petitioner, an assessee under the Income Tax Act, 1961 on the rolls of the 1[st] respondent, questioned the Ext.P1 assessment order, beforethe 2[nd] respondent. The petitioner has also filed a stay petition in theappeal. Ventilating his grievance that the authorities are taking coercivesteps before the appellate authority could consider the stay petition, thepetitioner has filed this writ petition. 2. Heard the learned counsel for the petitioner and the learnedStanding Counsel. 3. I reckon the petitioner has exercised on time his statutory remedy of filing an appeal. It appears that he has also filed a stay petition.Procedural fairness demands that the authorities may wait, before takingfurther steps, until the appellate authority decides on the stay petition. 4. Therefore, I dispose of the writ petition directing the respondentauthority to defer coercive steps until the 2[nd] respondent considers thestay petition. I also hope that the 2[nd] respondent will dispose of the staypetition expeditiously. sd/- DAMA SESHADRI NAIDU JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1TRUE COPY OF THE ASSESSMENT ORDER DATED 28.12.2018 PASSED BY THE 1ST RESPONDENT FORAY-2016-17 EXHIBIT P2TRUE COPY OF THE MEMORANDUM OF APPEAL DATED28.01.2019 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.28.01.2019 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P3TRUE COPY OF THE STAY PETITION DATED 25.01.2019 FILED BY THE PETITONER BEFORE THE 2ND RESPONDENT.25.01.2019 FILED BY THE PETITONER BEFORE THE 2ND RESPONDENT. EXHIBIT P4TRUE COPY OF APPLICATION DATED 25.01.2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT U/S 220(6)SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT U/S 220(6) EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DATED 11.05.2018 IN I.T.A. NO. 314/EF/TVM/CIT(A)/TVM/2017-18, DATED 11.05.2018 IN I.T.A. NO. 314/EF/TVM/CIT(A)/TVM/2017-18, DATED 11.05.2018 PASSED BY THE 2ND RESPONDENT. RESPONDENT'S/S EXHIBITS: NIL //TRUE COPY// PA TO JUDGE