Wp(C)/6487/2021 Of Vilappil Service Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.M.BADAR MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942 WP(C).No.6487 OF 2021(I) PETITIONER: VILAPPIL SERVICE CO-OPERATIVE BANK LTD. NO.2522,HEAD OFFICE, PEYYAD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, S. RICHARDSON, S/O. S. STEPHENSON, AGED 56 YEARS, RESIDING AT TRIPTHI, MALAYAM P.O., THIRUVANANTHAPURAM DISTRICT. BY ADVS.SRI.BABU S. NAIRSMT.SMITHA BABUSRI.P.A.RAJESHSMT.SHAMSEERA. C.ASHRAFSRI.R.B.RAJESHSMT.DIYA P.JISONSHRI.BHARATH MOHAN RESPONDENTS: 1THE INCOME TAX OFFICER,WARD 2(4), OFFICE OF THE JOINT COMMISSIONER OF INCOMETAX, RANGE 2, AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM PIN - 695 003. 2THE COMMISSIONER OF INCOME TAX (APPEALS)AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM PIN - 695 003.AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM PIN - 695 003. 3THE INCOME TAX OFFICERNATIONAL E-ASSESSMENT CENTRE, ROOM NO.356, C.R.BUILDING, IP ESTATE, NEW DELHI - 110 002NATIONAL E-ASSESSMENT CENTRE, ROOM NO.356, C.R.BUILDING, IP ESTATE, NEW DELHI - 110 002 4THE COMMISSIONER OF INCOME TAX (APPEALS)NATIONAL FACELESS APPEAL CENTRE (NFAC), ROOM NO.356, C.R.BUILDING, IP ESTATE, NEW DELHI - 110 002 OTHER PRESENT: SRI. CHRISTOPHER ABRAHAM, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 15[th] day of March 2021 Heard both sides. 2. As against the assessment order at Ext.P2, the petitioner- Society has preferred an appeal, Ext.P4 along with stay petition,Ext.P5 which are reportedly pending before the 4[th] respondent. Itis argued by the learned counsel for the petitioner that despitependency of appeal as well as stay petition, respondents areseeking to recover the amount determined by the assessmentorder at Ext.P2 vide notice at Ext.P3. The petitioner is thereforeseeking stay of the notice of demand at Ext.P3. 3. Learned Standing Counsel who takes notice for respondents opposed the writ petition and contended that, at themost the 4[th] respondent can be directed to decide the stay petitionexpeditiously. Considering the submissions so advanced and looking into the facts and circumstances of the instant case, this writ petitionis disposed of with a direction to the 4[th] respondent to decide thepending stay petition, Ext.P5, within a period of three monthsfrom the date of communication of this judgment. The petitioner W.P.(C) No.6487/2021 to co-operate the 4[th] respondent in disposal of the stay petition,Ext.P5. Till disposal of the stay petition at Ext.P5, respondents arerestrained from effecting recovery in pursuant to the notice ofdemand at Ext.P3. This writ petition is disposed of as above. Sd/- A.M.BADAR JUDGE smp APPENDIX PETITIONER'S EXHIBITS: True CopyP.S to Judge