Wp(C)/7838/2020 Of The Mangad 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, 1941WP(C).No.7838 OF 2020(D) PETITIONER/S: THE MANGAD SERVICE COOPERATIVE BANK LTD.,MANGAD, MANGAD P.O., KOLLAM, PIN-691 015, REPRESENTED BY ITS SECRETARY, D.SREELEKHA, AGED 48 YEARS, D/O.DHAMODHARAN, SECRETARY, MANGAD SERVICE CO-OPERATIVE BANK, MANGAD P.O., KOLLAM. BY ADVS.SRI.A.JANI(KOLLAM)SMT.NISA FASILSRI.SAJU WAHABSMT.SUCHA BOSE S. RESPONDENT/S: 1INCOME TAX OFFICER,WARD 4, OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX, KOLLAM RANGE, AAYANKAR BHAVAN, KARBALA JUNCTION, KOLLAM-691 001. 2THE COMMISSIONER OF INCOME TAX(APPEALS)OFFICE OF CHIEF COMMISSIONER OF INCOME TAX (APPEALS), AYYANKAR BHAVAN, KAWADIYAR JUNCTION, THIRUVANANTHAPURAM-695 003. 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. 7838 of 2020 ----------------------------------------------- Dated this the 13[th] day of March, 2020 JUDGMENT Aggrieved by Exhibit P1 assessment order for the year 2017-2018, thepetitioner has preferred Exhibit P2 appeal before the 2[nd] respondent. Thepetitioner has also filed Exhibit P3 stay petition seeking stay of the recoveryproceedings based on Exhibit P1 order. The limited prayer in the writ petitionis for expeditious consideration of either Exhibit P2 appeal or Exhibit P3 staypetition and to keep the recovery proceedings in abeyance till such time. 2. Heard the learned Standing Counsel for the Income Tax Departmentalso. 3. Considering the limited relief sought for, I am inclined to dispose ofthe writ petition directing the 2[nd] respondent to consider Exhibit P3 staypetition and pass orders on merits within a period of two months from thedate of receipt of a copy of this judgment. Till orders are passed on ExhibitP3, recovery proceedings based on Exhibit P1 assessment order shall be keptin abeyance. Sd/- vgs16.3 V.G.ARUN, JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 30.11.2019 ISSUED BY FIRST RESPONDENT. EXHIBIT P2 TRUE COPY OF APPEAL AGAINST EXHIBIT P1 PREFERRED ON 24.12.2019 BEFORE SECOND RESPONDENT. EXHIBIT P3 TRUE COPY OF STAY PETITION IN EXHIBIT P2 APPEAL DATED 03.03.2020.