Wp(C)/7733/2019 Of Aryankavu Service Co-Operative Bank Ltd.2965 v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940 WP(C).No.7733 of 2019 PETITIONER: ARYANKAVU SERVICE CO-OPERATIVE BANK LTD.2965REPRESENTED BY ITS SECRETARY, ARYANKAVU P.O, PUNALUR,KOLLAM DISTRICT-691 509. BY ADVS.SRI.T.R.HARIKUMARSRI.ARJUN RAGHAVAN RESPONDENTS: 1THE INCOME TAX OFFICER,WARD-1, OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX, KOLLAM RANGE, AAYAKAR BHAVAN, KARBALA JUNCTION, KOLLAM-PIN-691 001. 2THE COMMISSIONER OF INCOME TAX(APPEALS)AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM,PIN-695 003. OTHER PRESENT: SRI.CHRISTOPHER ABRAHAM, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T The petitioner filed Exts.P7 to P9 appeals under the Income TaxAct challenging Exts.P1, P3 and P5 assessment orders. Theassessing authority directed the petitioner to deposit 20% of thedemand. Notwithstanding such orders passed by the assessing authority,there shall be a direction to the appellate authority to pass orders onthe stay applications filed in the appeals within a period of two months,after hearing the petitioner. Till then, recovery proceedings pursuant tothe impugned orders in appeal shall be deferred. This writ petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE smp W.P.(C) No.7733/2019 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF THE ASSESSMENT ORDER FOR THE YEAR 2013-2014 DATED 29.12.2018.ASSESSMENT ORDER FOR THE YEAR 2013-2014 DATED 29.12.2018. EXHIBIT P2A TRUE COPY OF THE NOTICE UNDER SECTION 156OF THE INCOME TAX ACT ISSUED BY THE 1ST RESPONDENT DATED 29.12.2018.OF THE INCOME TAX ACT ISSUED BY THE 1ST RESPONDENT DATED 29.12.2018. EXHIBIT P3A TRUE COPY OF THE ASSESSMENT ORDER FOR THEYEAR 2014-2015 DATED 31.12.2018.YEAR 2014-2015 DATED 31.12.2018. EXHIBIT P4A TRUE COPY OF THE NOTICE UNDER SECTION 156OF THE INCOME TAX ACT ISSUED BY THE 1ST RESPONDENT DATED 31.12.2018.OF THE INCOME TAX ACT ISSUED BY THE 1ST RESPONDENT DATED 31.12.2018. EXHIBIT P5A TRUE COPY OF THE RELEVANT PAGES OF THE ASSESSMENT ORDER FOR THE YEAR 2015-2016 DATED 31.12.2018.ASSESSMENT ORDER FOR THE YEAR 2015-2016 DATED 31.12.2018. EXHIBIT P6A TRUE COPY OF THE NOTICE UNDER SECTION 156OF THE INCOME TAX ACTISSUED BY THE 1ST RESPONDENT DATED 31.12.2018.OF THE INCOME TAX ACTISSUED BY THE 1ST RESPONDENT DATED 31.12.2018. EXHIBIT P7A TRUE COPY OF THE ONLINE APPEAL DATED 25/01/2019 FILED AGAINST EXT P1 ASSESSMENT ORDER.25/01/2019 FILED AGAINST EXT P1 ASSESSMENT ORDER. EXHIBIT P8A TRUE COPY OF THE ONLINE APPEAL DATED 25/01/2019 FILED AGAINST EXT P3 ASSESSMENT ORDER.25/01/2019 FILED AGAINST EXT P3 ASSESSMENT ORDER. EXHIBIT P9A TRUE COPY OF THE ONLINE APPEAL DATED 25/01/2019 FILED AGAINST EXT P5 ASSESSMENT ORDER.25/01/2019 FILED AGAINST EXT P5 ASSESSMENT ORDER. EXHIBIT P10A TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER IN EXT P7 APPEAL DATED 12.03.2019.THE PETITIONER IN EXT P7 APPEAL DATED 12.03.2019. EXHIBIT P11A TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER IN EXT P8 APPEAL DATED 12.03.2019.THE PETITIONER IN EXT P8 APPEAL DATED 12.03.2019. RESPONDENTS' EXHIBITS: NIL. True Copy P.S to Judge smp