Wp(C)/7833/2019 Of Navaikulam Service Co-Operative Bank Limited v. The Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY ,THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940WP(C).No. 7833 of 2019 PETITIONER/S: NAVAIKULAM SERVICE CO-OPERATIVE BANK LIMITED, NO.964REPRESENTED BY ITS SECRETARY, BINDU S, W/O ANILKUMAR N, AGED 47 YEARS, NAVAIKULAM P.O., THIRUVANANTHAPURAMDISTRICT, KERALA, PIN-695 603. BY ADVS. SRI.C.A.JOJOSRI.JACOB CHACKOSRI.MATHEWS JOSEPH RESPONDENT/S: 1THE DEPUTY COMMISSIONER OF INCOME TAXINCOME TAX OFFICER, CIRCLE-2(1), KOWDIAR, TRIVANDRUM-695 003.INCOME TAX OFFICER, CIRCLE-2(1), KOWDIAR, TRIVANDRUM-695 003. 2THE ASSISTANT COMMISSIONER OF INCOME TAXCIRCLE-2(1), KOWDIAR, TRIVANDRUM-695 003.CIRCLE-2(1), KOWDIAR, TRIVANDRUM-695 003. 3COMMISSIONER OF INCOME TAX (APPEALS)-1OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS), TRIVNADRUM-695 003.OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS), TRIVNADRUM-695 003. 4THE PRINCIPAL CHIEF COMMISSIONER OF INCOME TAXAYAKAR BHAVAN, TRIVANDRUM-695 003.AYAKAR BHAVAN, TRIVANDRUM-695 003. 5THE BRANCH MANAGERTHIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, THIRUVANANTHAPURAM-695 003.THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, THIRUVANANTHAPURAM-695 003. OTHER PRESENT: THUSHARA JAMES GP 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 is a co-operative bank. Theyapproached the 4[th]respondent in Ext.P6 reviewpetition against Ext.P5 order. The said reviewpetition is pending. In the meanwhile, recoveryproceedings had been initiated and the petitioner'saccount has been freezed. The account is maintainedwith the 5[th] respondent bank. 2.In the light of the fact that the reviewpetition is pending, there shall be a direction tothe 4[th] respondent to take a decision on Ext.P6 reviewpetition, within a period of two months. Till then,all coercive steps shall be deferred. If the accounthas been freezed, it is ordered to be defreezedforthwith. This writ petition is disposed of accordingly. Sd/- A.MUHAMED MUSTAQUE JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A COPY OF THE CERTIFICATE IN THIS REGARD ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) THIRUVANANTHAPURAM DATED 25.11.2015.ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) THIRUVANANTHAPURAM DATED 25.11.2015. EXHIBIT P2A TRUE COPY OF THE ASSESSMENT ORDER DATED 24.12.2018 ISSUED BY THE 2ND RESPONDENT.24.12.2018 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3A TRUE COPY OF THE DEMAND NOTICE DATED 24.12.2018 ISSUED BY THE 2ND RESPONDENT.24.12.2018 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4A TRUE COPY OF THE APPEAL BEFORE THE 3RD RESPONDENT DATED 23.1.2019.RESPONDENT DATED 23.1.2019. EXHIBIT P5A TRUE COPY OF THE DEMAND NOTICE DATED 4.3.2019 ISSUED BY THE IST RESPONDENT.4.3.2019 ISSUED BY THE IST RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE REVIEW PETITION DATED 12.3.2019 BEFORE THE 4TH RESPONDENT.12.3.2019 BEFORE THE 4TH RESPONDENT. EXHIBIT P7A TRUE COPY OF THE FREEZING NOTICE DATED 13.3.2019 ISSUED BY THE IST RESPONDENT.13.3.2019 ISSUED BY THE IST RESPONDENT. RESPONDENTS' EXHIBITS:NIL //True copy// P.A.To Judge