Wp(C)/7812/2020 Of The Vadakkevila Service Cooperative Bank Ltd v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941 WP(C).No.7812 OF 2020(B) PETITIONER/S: THE VADAKKEVILA SERVICE COOPERATIVE BANK LTD.,BHODHI NAGAR, THATTAMALA P.O., KOLLAM,PIN-691 020, REPRESENTED BY LEENA.S. AGED 58 YEARS, SECRETARY, THE VADAKKEVILA SERVICE CO-OPERATIVE BANK, THATTAMALA P.O., KOLLAM BY ADVS.SRI.A.JANI(KOLLAM)SMT.NISA FASIL(KOLLAM) RESPONDENT/S: 1INCOME TAX OFFICER, WARD 4, OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX ,KOLLAM RANGE, AAYYANKAR BHAVAN, KARBALAJUNCTION, KOLLAM-691 001INCOME TAX ,KOLLAM RANGE, AAYYANKAR BHAVAN, KARBALAJUNCTION, KOLLAM-691 001 2THE COMMISSIONER OF INCOME TAX (APPEALS)OFFICE OF THE CHIEF COMMISSIONER OF INCOME TAX (APPEALS), KOLLAM RANGE, AAYYANKAR BHAVAN, KARBALA JUNCTION, KOLLAM-691 001 OTHER PRESENT: SC CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON13.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.G.ARUN, J. ----------------------------------------------- W.P(C).No. 7812 of 2020 ----------------------------------------------- Dated this the 13[th] day of March, 2020 JUDGMENT Aggrieved by Exhibit P1 assessment order for the year 2017-2018, the petitioner has preferred Exhibit P2 appeal before the 2[nd]respondent. The petitioner has also filed Exhibit P3 stay petitionseeking stay of the recovery proceedings based on Exhibit P1 order.The limited prayer in the writ petition is for expeditious considerationof either Exhibit P2 appeal or Exhibit P3 stay petition and to keep therecovery proceedings in abeyance till such time. 2. Heard the learned Standing Counsel for the Income TaxDepartment also. 3. Considering the limited relief sought for, I am inclined todispose of the writ petition directing the 2[nd] respondent to considerExhibit P2 appeal and Exhibit P3 stay petition and pass orders onmerits within a period of two months from the date of receipt of a copyof this judgment. Till orders are passed on Exhibit P3, recoveryproceedings based on Exhibit P1 assessment order shall be kept inabeyance. vgs16.3 Sd/- V.G.ARUN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: COPY OF ASSESSMENT ORDER DATED 27.11.2019 ISSUED BY 1ST RESPONDENT. EXHIBIT P2: COPY OF APPEAL AGAINST EXHIBIT P1 PREFERRED ON 11.3.2020 BEFORE SECOND RESPONDENT. EXHIBIT P3: COPY OF STAY PETITION IN EXHIBIT P2 APPEAL DATED11.3.2020.