Wp(C)/6915/2018 Of Venjaramood Service Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 1ST DAY OF MARCH 2018 / 10TH PHALGUNA, 1939 WP(C).No. 6915 of 2018 PETITIONER: VENJARAMOOD SERVICE CO-OPERATIVE BANK LTD. NO.2419,REPRESENTED BY ITS SECRETARY,VENJARAMOODU P.O.,THIRUVANANTHAPURAM DISTRICT- 695 607. BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR SRI.ARJUN RAGHAVAN SRI.ADITHYA RAJEEV RESPONDENTS: 1. THE INCOME TAX OFFICER,WARD 2(3), 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 SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: EL APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE DATED 17.10.2016 ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAMEXHIBIT P2 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2011-2012 DATED 18.12.2017EXHIBIT P3 A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 18.12.2017EXHIBIT P4 A TRUE COPY OF THE NOTICE NO. AAAAV3571C/ITO/W-2(3)/TVM/2017-18 DATED 9.2.2018EXHIBIT P5 A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT.P2 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 10.2.2018EXHIBIT P6 A TRUE COPY OF THE STAY PETITION DATED 10.2.2018, FILED BY THE PETITIONER IN EXT.P5 APPEALEXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 21.12.2017 IN WPC NO.38566/2017 RESPONDENT(S)' EXHIBITS NIL TRUE COPY EL P.S. TO JUDGE P.B.SURESH KUMAR, J. ---------------------------------------------W.P.(C) No.6915 of 2018---------------------------------------------Dated this the 1[st] day of March, 2018 JUDGMENT Petitioner is an assessee under the Income Tax Act(the Act) on the rolls of the first respondent. Aggrieved by Ext.P2assessment order, the petitioner preferred Ext.P5 appeal beforethe second respondent. Ext.P6 is the application for staypreferred by the petitioner in Ext.P5 appeal. The grievance ofthe petitioner in the writ petition concerns the delay on the partof the second respondent in passing orders on Ext.P6 applicationfor stay. It is pointed out that in the light of Ext.P7 judgmentrendered by this Court in a matter challenging the order passedin a stay petition preferred in an identical appeal, the petitioneris entitled to an absolute stay in the matter. It is alleged by thepetitioner in the writ petition that proceedings have already beeninitiated for realisation of the amounts covered by Ext.P2assessment order. The petitioner, therefore, seeks appropriatedirections in this regard, in this writ petition. 2.Heard the learned counsel for the petitioner as WPC 6915 /18 also the learned Standing Counsel for the respondents. Having regard to the facts and circumstances of the case, I deem it appropriate to dispose of the writ petitiondirecting the second respondent to take a decision on Ext.P6application for stay, within two months from the date of receiptof a copy of this judgment. Ordered accordingly. This shall bedone having regard to Ext.P7 judgment rendered by this Court.Needless to say that until orders are passed on Ext.P6 applicationfor stay, further proceedings for realisation of the amountscovered by Ext.P2 assessment order shall be deferred. Sd/- vps 1/3 P.B.SURESH KUMAR, JUDGE /True Copy/PS to Judge