Wp(C)/8290/2018 Of The Vembayam Service Co-Operative Bank Ltd v. The Income Tax Officer

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. 8290 of 2018 PETITIONER(S) THE VEMBAYAM SERVICE CO-OPERATIVE BANK LTD. NO. 3121 REPRESENTED BY ITS SECRETARY, KONCHIRA P.O, VEMBAYAM, THIRUVANANTHAPURAM DISTRICT 695 615 BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): 1. THE INCOME TAX OFFICER WARD-2(3),OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, RANGE-2, AAYAKAR BHAVAN, KOWDIAR P.O, THIRUVANANTHAPURAM DISTRICT 695 003 WARD-2(3),OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, RANGE-2, AAYAKAR BHAVAN, KOWDIAR P.O, THIRUVANANTHAPURAM DISTRICT 695 003 2. THE COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM 695 003 R BY SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT 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 TRUE COPY OF THE CERTIFICATE DATED 12-12-2014,ISSUED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), NEDUMANGADEXHIBIT P2 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2011-2012 DATED 18-12-2017EXHIBIT P3 A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 18-12-2017EXHIBIT P4 A TRUE COPY OF THE NOTICE NO. AAAAV4391G/ITO/W-2(3)/TVM/2017-18 DATED 09-02-2018EXHIBIT P5 A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT P2 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 10-02-2018.EXHIBIT P6 A TRUE COPY OF THE STAY PETITION DATED 10-02-2018,FILED BY THE PETITIONER IN EXT-P5 APPEAL.EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 21-12-2017 IN WP(C) NO 38566 OF 2017RESPONDENT'S EXHIBITS:NIL //TRUE COPY// SKS SD/- P.A. TO JUDGE P.B.SURESH KUMAR, J. = = = = = = = = = = = = = W.P.(C).No. 8290 of 2018 = = = = = = = = = = = = = Dated this the 12[th ]day of 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 byExt.P2 assessment order, the petitioner preferred Ext.P5 appealbefore the second respondent. Ext.P6 is the application forstay preferred by the petitioner in Ext.P5 appeal. Thegrievance of the petitioner in the writ petition concerns thedelay on the part of the second respondent in passing orderson Ext.P6 application for stay. It is pointed out that in the lightof Ext.P7 judgment rendered by this Court in a matterchallenging the order passed in a stay petition preferred in anidentical appeal, the petitioner is entitled to an absolute stay inthe matter. It is alleged by the petitioner in the writ petitionthat proceedings have already been initiated for realisation ofthe amounts covered by Ext.P2 assessment order. Thepetitioner, therefore, seeks appropriate directions in this regard, in this writ petition. 2.Heard the learned counsel for the petitioner asalso 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 petition directingthe second respondent to take a decision on Ext.P6 application forstay, within two months from the date of receipt of a copy of thisjudgment. Ordered accordingly. This shall be done having regardto Ext.P7 judgment rendered by this Court. Needless to say thatuntil orders are passed on Ext.P6 application for stay, furtherproceedings for realisation of the amounts covered by Ext.P2assessment order shall be deferred. sd/- P.B.SURESH KUMAR, JUDGE. SKS