Wp(C)/6736/2018 Of The Edackodu Service Co-Operative Bank Ltd v. Th E Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 28TH DAY OF FEBRUARY 2018 / 9TH PHALGUNA, 1939 WP(C).No. 6736 of 2018 PETITIONER(S) THE EDACKODU SERVICE CO-OPERATIVE BANK LTD NO.2523, REPRESENTED BY ITS SECRETARY, EDACKODU P.O., THIRUVANANTHAPURAM DISTRICT-695 104. BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR SRI.JAIBY PAUL SRI.ARJUN RAGHAVAN SRI.ADITHYA RAJEEV RESPONDENT(S): 1. THE INCOME TAX OFFICER, WARD-2(5), OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, RANGE-2, AAYAKAR BHAVAN, KOWDIAR P.O., THIRUVANANTHAPURAM DISTRICT-695 003. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM-695 003. BY ADV. SRI.CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Msd. 02/03/2018 APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1: A TRUE COPY OF THE CERTIFICATE DATED 03-09-2015, ISSUED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL),CHIRAYINKEEZHU. EXHIBIT P2: A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2012-2013 DATED 13-12-2017. THE YEAR 2012-2013 DATED 13-12-2017. EXHIBIT P3: A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 13-12-2017. RESPONDENT DATED 13-12-2017. EXHIBIT P4: A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2015-2016 DATED 07-12-2017. YEAR 2015-2016 DATED 07-12-2017. EXHIBIT P5: A TRUE COPY OF THE DEMAND NOTICE DATED 07-12-2017 ISSUED BY THE 1ST RESPONDENT. 07-12-2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P6: A TRUE COPY OF THE NOTICE NO.AAAAE2088B/W-2(5)/TVM/2017-18 DATED 15-02-2018 ISSUED BY THE 1ST RESPONDENT. NO.AAAAE2088B/W-2(5)/TVM/2017-18 DATED 15-02-2018 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P7: A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT-P2 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 10-02-2018. AGAINST EXT-P2 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 10-02-2018. EXHIBIT P8: A TRUE COPY OF THE STAY PETITION DATED 10-02-2018, FILED BY THE PETITIONER IN EXT-P7 APPEAL. FILED BY THE PETITIONER IN EXT-P7 APPEAL. EXHIBIT P9: A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT-P4 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 10-02-2018. AGAINST EXT-P4 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 10-02-2018. EXHIBIT P10: A TRUE COPY OF THE STAY PETITION DATED 10-02-2018, FILED BY THE PETITIONER IN EXT-P9 APPEAL.EXHIBIT P11: A TRUE COPY OF THE JUDGMENT DATED 04-10-2017 IN WP(C) NO.31530 OF 2017. FILED BY THE PETITIONER IN EXT-P9 APPEAL.EXHIBIT P11: A TRUE COPY OF THE JUDGMENT DATED 04-10-2017 IN WP(C) NO.31530 OF 2017. EXHIBIT P12: A TRUE COPY OF THE ORDER DATED 21-11-2017 IN ITA NO.131 & 154/TVM/CIT(A), TVM 15-16 &16-17. NO.131 & 154/TVM/CIT(A), TVM 15-16 &16-17. RESPONDENT(S)' EXHIBITS : NIL //TRUE COPY// P.S.TO JUDGE A.MUHAMED MUSTAQUE, J. ********************************************************************** W.P.(C) No.6736 of 2018**********************************************************************Dated this the 28[th] day of February, 2018 JUDGMENT The petitioner as against Ext.P2 and P4 assessment orders passed by the first respondent, filed appeals before the second respondent. The petitioner also filedapplications for stay. Ext.P12 is an interim order of staypassed in the similar matter. EXHIBIT P12: A TRUE COPY OF THE ORDER DATED 21-11-2017 IN ITA NO.131 & 154/TVM/CIT(A), TVM 15-16 &16-17. NO.131 & 154/TVM/CIT(A), TVM 15-16 &16-17. RESPONDENT(S)' EXHIBITS : NIL //TRUE COPY// P.S.TO JUDGE A.MUHAMED MUSTAQUE, J. ********************************************************************** W.P.(C) No.6736 of 2018**********************************************************************Dated this the 28[th] day of February, 2018 JUDGMENT The petitioner as against Ext.P2 and P4 assessment orders passed by the first respondent, filed appeals before the second respondent. The petitioner also filedapplications for stay. Ext.P12 is an interim order of staypassed in the similar matter. In the light of the above, there shall be a direction tothe second respondent to dispose the stay applicationsafter adverting to Ext.P12 order dated 21.11.2017 within aperiod of two months. Till the disposal of the stayapplications, all coercive steps pursuant to the impugnedorders in appeals shall be deferred. The writ petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE, JUDGE