Wp(C)/8222/2018 Of The Polpully Service Co-Operative Bank Limited v. The Income Tax Officer, Ward-2, Palakkad

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR MONDAY, THE 12TH DAY OF MARCH 2018 / 21ST PHALGUNA, 1939 WP(C).No. 8222 of 2018 PETITIONER(S) THE POLPULLY SERVICE CO-OPERATIVE BANK LIMITED NO.F 1198 REPRESENTED BY ITS SECRETARY SHRI.MANIKANDAN.K, POLPULLY.P.O., PALAKKAD DISTRICT KERALA, PIN- 678 552 BY ADVS.SRI.C.A.JOJO SRI.JACOB CHACKO SRI.MATHEWS JOSEPH RESPONDENT(S): 1. THE INCOME TAX OFFICER WARD-2, PALAKKAD- 678 014 2. COMMISSIONER OF INCOME TAX (APPEALS) OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS), THRISSUR-680 001 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 A COPY OF THE CERTIFICATE ISSUED BY THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL0 PALAKKAD DATED 7.2.2014 REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL0 PALAKKAD DATED 7.2.2014 EXHIBIT P2 A TRUE COPY OF THE ASSESSMENT ORDER DATED 22.3.2016 ISSUED BY THE FIRST RESPONDENTEXHIBIT P3 A TRUE COPY OF THE ASSESSMENT ORDER DATED 20.12.2016 ISSUED BY THE FIRST RESPONDENTEXHIBIT P4 A TRUE COPY OF THE DEMAND NOTICE DATED 22.3.2016 ISSUED BY THE FIRST RESPONDENTEXHIBIT P5 A TRUE COPY OF THE DEMAND NOTICE DATED 20.12.2016 ISSUED BY THE FIRST RESPONDENTEXHIBIT P6 A TRUE COPY OF THE APPEAL FOR AY 2010-11 DATED 18.4.2016 FILED BEFORE THE 2ND RESPONDENTEXHIBIT P7 A TRUE COPY OF THE APPEAL FOR AY 2014-15 DATED 24.01.2017 FILED BEFORE THE 2ND RESPONDENTEXHIBIT P8 A TRUE COPY OF THE STAY PETITION FOR AY-2010-11 DATED 18.4.2016 BEFORE THE 2ND RESPONDENTEXHIBIT P9 A TRUE COPY OF THE STAY PETITION FOR AY-2014-15 DATED 27.1.2017 BEFORE THE 2ND RESPONDENT 22.3.2016 ISSUED BY THE FIRST RESPONDENTEXHIBIT P3 A TRUE COPY OF THE ASSESSMENT ORDER DATED 20.12.2016 ISSUED BY THE FIRST RESPONDENTEXHIBIT P4 A TRUE COPY OF THE DEMAND NOTICE DATED 22.3.2016 ISSUED BY THE FIRST RESPONDENTEXHIBIT P5 A TRUE COPY OF THE DEMAND NOTICE DATED 20.12.2016 ISSUED BY THE FIRST RESPONDENTEXHIBIT P6 A TRUE COPY OF THE APPEAL FOR AY 2010-11 DATED 18.4.2016 FILED BEFORE THE 2ND RESPONDENTEXHIBIT P7 A TRUE COPY OF THE APPEAL FOR AY 2014-15 DATED 24.01.2017 FILED BEFORE THE 2ND RESPONDENTEXHIBIT P8 A TRUE COPY OF THE STAY PETITION FOR AY-2010-11 DATED 18.4.2016 BEFORE THE 2ND RESPONDENTEXHIBIT P9 A TRUE COPY OF THE STAY PETITION FOR AY-2014-15 DATED 27.1.2017 BEFORE THE 2ND RESPONDENT (true copy) Sd/- P.S. to Judge P.B.SURESH KUMAR, J. ----------------------------------------------- W.P.(C) No.8222 of 2018 ----------------------------------------------- Dated 12[th] March, 2018. J U D G M E N T Petitioner is an assessee under the Income Tax Act(the Act) on the rolls of the first respondent. Aggrieved byExts.P2 and P3 assessment orders, the petitioner preferredExts.P6 and P7 appeals before the second respondent. Exts.P8and P9 are the applications for stay preferred by the petitionerin the appeals. The grievance of the petitioner in the writpetition concerns the delay on the part of the secondrespondent in passing orders on Exts.P8 and P9 applications forstay. It is alleged by the petitioner in the writ petition thatproceedings have already been initiated for realisation of theamounts covered by Exts.P2 and P3 orders. The petitioner,therefore, seeks appropriate directions in this regard, in thiswrit petition. 2.Heard the learned counsel for the petitioner as also the learned Standing Counsel for the respondents. 2.Heard the learned counsel for the petitioner as also the learned Standing Counsel for the respondents. Having regard to the facts and circumstances of thecase, I deem it appropriate to dispose of the writ petitiondirecting the second respondent to take a decision on Exts.P8and P9 applications for stay, within two months from the date ofreceipt of a copy of this judgment. Ordered accordingly.Needless to say that until orders are passed on the applicationsfor stay, further proceedings for realisation of the amountscovered by Exts.P2 and P3 assessment orders shall be deferred. Sd/- P.B.SURESH KUMAR, JUDGE. tgs