Wp(C)/7890/2020 Of The Karimkunnam Service Co-Operative Bank Ltd v. The 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.7890 OF 2020(I) PETITIONER/S: M/S. KARIMKUNNAM SERVICE CO-OPERATIVE BANK LTD.NO.2670, KARIMKUNNAM SCB BUILDING, PALA ROAD, KARIMKUNNAM P.O., THODUPUZHA-685 586REPRESENTED BY ITS SECRETARY DEENA SEBASTIAN. BY ADV. SRI.S.ARUN RAJ RESPONDENT/S: THE INCOME TAX OFFICERWARD-1 & TPS, MAHIMA TOWERS,TEMPLE RAOD, THODUPUZHA-685 584. 2. THE COMMISSIONER OF INCOME TAX (APPEALS)-II,POORNIMA BUILDING, PANAMPILLY NAGAR, KOCHI-682 036. OTHER PRESENT: SC SRI.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. 7890 of 2020 ----------------------------------------------- Dated this the 13[th] day of March, 2020 JUDGMENT As against Exhibit P1 assessment order for the year 2017-2018, the petitioner, a Primary Agricultural Credit Co-operative Society, haspreferred Exhibit P2 appeal along with Exhibit P3 stay petition. Thelimited prayer in the writ petition is for an expeditious consideration ofeither the appeal or the stay petition and to defer the recoveryproceedings on the basis of the assessment order till orders are passedon Exhibit P2 appeal. 2. Heard the learned Standing Counsel for the Income TaxDepartment also. 3. Considering the limited relief sought for, the writ petition isdisposed of directing the 2[nd] respondent to consider and pass orders onExhibit P2 appeal as expeditiously as possible. Till orders are passedon the appeal as directed above, the recovery proceedings based onExhibit P1 assessment order shall stand deferred. vgs16.3 Sd/- V.G.ARUN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: COPY OF ASSESSMENT ORDER DATED 17.12.2019 PASSED BYTHE 1ST RESPONDENT UNDER SECTION 143(3) OF THE ACT FOR THE AY2017-18. EXHIBIT P2: COPY OF FIRST APPEAL FILED BY THE PETITIONER BEFORETHE 2ND RESPONDENT FOR THE AY 2017-18. EXHIBIT P3: COPY OF STAY APPLICATION DATED 24.2.2020 FILEDBEFORE THE 2ND RESPONDENT FOR THE AY 2017-18.