Wp(C)/7482/2018 Of Kadakkavoor 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 TUESDAY, THE 6TH DAY OF MARCH 2018 / 15TH PHALGUNA, 1939 WP(C).No. 7482 of 2018 PETITIONER(S) KADAKKAVOOR SERVICE CO-OPERATIVE BANK LTD NO. 1063 REPRESENTED BY ITS SECRETARY, KADAKKAVOOR PO, THIRUVANANTHAPURAM. 695306 BY ADVS.SRI.V.G.ARUN 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 PO, THIRUVANANTHAPURAM DISTRICT. 695003. 2. THE COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM.695003 AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM.695003 BY SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-03-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE DATED 04.08.2015 ISSUED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) CHIRAYINKEEZHU.EXHIBIT P2 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2013-2014 DATED 31.8.2015.EXHIBIT P3 A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 31.8.2015EXHIBIT P4 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2015-2016 DATED 24.11.2017EXHIBIT P5 A TRUE COPY OF THE DEMAND NOTICE DATED 24.11.2017 ISSUED BY THE 1ST RESPONDENT.EXHIBIT P6 A TRUE COPY OF THE NOTICE AAAAK5452D/W-2(5)/TVM/2017-18 DATED 12.2.2018EXHIBIT P7 A TRUE COPY OF THE NOTICE AAAAK5452D/W-2(5)/TVM/2017 -18 DATED 15.2.2018EXHIBIT P8 A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT.P2 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 10.2.2018EXHIBIT P9 A TRUE COPY OF THE STAY PETITION DATED 10.2.2018 FILED BY THE PETITIONER IN EXT.P8 APPEAL.EXHIBIT P10 A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT.P4 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 10.2.2018EXHIBIT P11 A TRUE COPY OF THE STAY PETITION DATED 10.2.2018 FILED BY THE PETITIONER IN EXT.P10 APPEAL.EXHIBIT P12 A TRUE COPY OF THE INTERIM ORDER DATED 20.8.2015 IN WP(C) NO.25540 OF 2015.EXHIBIT P13 A TRUE COPY OF THE APPELLATE ORDER IN ITA NO.13/TVM/CIT(A), TVM/2015-16 DATED 08.11.2017EXHIBIT P14 A TRUE COPY OF THE APPELLATE ORDER IN ITA NO.3/TVM/CIT(A), TVM/2014-15 DATED 20.11.2017EXHIBIT P15 A TRUE COPY OF THE JUDGMENT DATED 21.12.2017 IN WP(C) NO.38566 OF 2017 (true copy) Sd/- P.S. to Judge P.B.SURESH KUMAR, J. ----------------------------------------------- W.P.(C) No.7482 of 2018 ----------------------------------------------- Dated 6th March, 2018. J U D G M E N T (true copy) Sd/- P.S. to Judge P.B.SURESH KUMAR, J. ----------------------------------------------- W.P.(C) No.7482 of 2018 ----------------------------------------------- Dated 6th March, 2018. J U D G M E N T Petitioner is an assessee under the Income Tax Act(the Act) on the rolls of the first respondent. Aggrieved byExts.P2 and P4 assessment orders, the petitioner preferredExts.P8 and P10 appeals before the second respondent.Exts.P9 and P11 are the applications for stay preferred by thepetitioner in Exts.P8 and P10 appeals. The grievance of thepetitioner in the writ petition concerns the delay on the part ofthe second respondent in passing orders on Exts.P9 and P11applications for stay. It is alleged by the petitioner in the writpetition that proceedings have already been initiated forrealisation of the amounts covered by Exts.P2 and P4 orders. Itis stated that in the light of Ext.P15 judgment rendered by thisCourt in an identical matter, the petitioner is entitled to anabsolute stay in the appeals preferred by them. The petitioner,therefore, seeks appropriate directions in this regard, in this WPC No. 7482/18 writ petition. 2.Heard the learned counsel for the petitioner asalso 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 Exts.P9and P11 applications for stay, within two months from the dateof receipt of a copy of this judgment. Ordered accordingly.This shall be done having regard to Ext.P15 judgment renderedby this Court. Needless to say that until orders are passed onthe applications for stay, further proceedings for realisation ofthe amounts covered by Exts.P2 and P4 assessment ordersshall be deferred. Sd/- P.B.SURESH KUMAR, JUDGE. tgs