Wp(C)/6431/2012 Of Chirakkadavu Service Co-Operative Bank Ltd v. The Commissionr Of Income Tax (Appeals Iv, Ernakulam

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC THURSDAY, THE 15TH DAY OF MARCH 2012/25TH PHALGUNA 1933 WP(C).No. 6431 of 2012 (D) -------------------------- PETITIONER(S):------------- CHIRAKKADAVU SERVICE CO-OPERATIVE BANK LTD NO.2057,REPRESENTED BY ITS SECRETARY, HEAD OFFICE,CIRAKKADAVU, CHIRAKKADAVU PO 686520, KOTTAYAM DT. BY ADVS.SRI.B.ASHOK SHENOY SRI.THOMAS P.MAKIL SMT.LAKSHMI B.SHENOY SRI.ABU MATHEW SRI.K.V.GEORGE RESPONDENT(S):-------------- 1THE COMMISSIONR OF INCOME TAX (APPEALS) IV, KERA BHAVAN, OPPOSITE SRV HIGH SCHOOL,ERNAKULAM, KOCHI 682011. 2.THE ADDITIONAL COMMISSINER OF INCOME TAX,RANGE KOTTAYAM, PUBLIC LIBRARY BUILDING, SASTRI ROAD, KOTTAYAM 686002. BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON15-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.6431/12 APPENDIX PETITIONER'S EXHIBITS EXT.P1:TRUE COPY OF ASSESSMENT ORDER DT 23.12.11 PASSEDBY 2ND RESPONDENT AND ISSUED TO PETITIONER. EXT.P2:TRUE COPY OF APEPAL DT 27.1.2012 FILED BYPETITIONER BEFORE THE 1ST RESPONDENT. EXT.P3:TRUE COPY OF APPLICATION OF STAY DT 27.1.12 FILEDBY PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P4:TRUE COPY OF LETTER NO.C.P.(5) 37033/09 DT6.1.2010 ISSUED BY REGISTRAR OF COOPERATIVE SOCIETIES,THIRUVANANTHAPURAM TO THE GENERAL MANAGER OF KOTTAYAMDISTRICT COOPERATIVE BANK LTD., WITH COPY TO PETITIONER. //True Copy// Rp PA to Judge ANTONY DOMINIC, J. ================W.P.(C) NO. 6431 OF 2012 =================== Dated this the 15[th] day of March, 2012 J U D G M E N T Against Ext.P1 order of assessment, petitioner filed Ext.P2appeal and Ext.P3 application for stay. Appeal and the staypetition are pending. Apprehending recovery proceedings, thiswrit petition is filed. 2.I heard the learned counsel for the petitioner and alsothe learned standing counsel appearing for the respondents. 3.Taking note of the pendency of the appeal, I direct the1[st] respondent to consider the same with notice to the petitionerand as expeditiously as possible. It is directed that in themeanwhile, further proceedings for recovery of the amount dueunder Ext.P1 will stand stayed. 4.Petitioner shall produce a copy of this judgment alongwith a copy of the writ petition before the 1[st] respondent forcompliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE