Wp(C)/8521/2018 Of The Elappully Service Co-Operative Bank Limited v. The Income Tax Officer, Palakkad

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR TUESDAY, THE 13TH DAY OF MARCH 2018 / 22ND PHALGUNA, 1939 WP(C).No. 8521 of 2018 PETITIONER THE ELAPPULLY SERVICE CO-OPERATIVE BANK LIMITED, NO.F 1193,REPRESENTED BY ITS SECRETARY IN-CHARGE,SHRI.K.BALASUBRAMANIAN,S/O.M.KUTTYMUTHALI, ELAPPULLY.P.O,PALAKKAD DISTRICT,KERALA-678622. BY ADVS.SRI.C.A.JOJO SRI.JACOB CHACKO SRI.MATHEWS JOSEPH RESPONDENTS: 1. THE INCOME TAX OFFICER, WARD-2,PALAKKAD-678014. 2. COMMISSIONER OF INCOME TAX(APPEALS), OFFICE OF THE COMMISSIONER OF INCOME TAX(APPEALS), THRISSUR-680001. R BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-03-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 A COPY OF THE CERTIFICATE IN THIS REGARD ISSUED BY THE ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL),PALAKKAD DATED 07.02.2014EXHIBIT P2 A TRUE COPY OF THE ASSESSMENT ORDER DATED 24.03.2016 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 24.03.2016 ISSUED BY THE FIRST RESPONDENTEXHIBIT P5 A TRUE COPY OF THE RECTIFIED DEMAND NOTICE DATED 18.04.2017 ISSUED BY THE FIRST RESPONDENTEXHIBIT P6 A TRUE COPY OF THE APPEAL FOR AY 2010-11 DATED 19.04.2016 FILED BEFORE THE 2ND RESPONDENT.EXHIBIT P7 A TRUE COPY OF THE APPEAL FOR AY 2014-15 DATED 23.01.2017 FILED BEFORE THE 2ND RESPONDENTEXHIBIT P8 A TRUE COPY OF THE STAY PETITION FOR AY 2010-11 DATED 19.4.2016 BEFORE THE 2ND RESPONDENTEXHIBIT P9 A TRUE COPY OF THE STAY PETITION FOR AY 2014-15 DATED 23.01.2017 BEFORE THE 2ND RESPONDENT. RESPONDENTS EXHIBITS: NIL /TRUE COPY/ VPS PS TO JUDGE P.B.SURESH KUMAR, J. --------------------------------------------- W.P.(C) No.8521 of 2018 --------------------------------------------- Dated this the 13[th] day of March, 2018 JUDGMENT Petitioner is an assessee under the Income Tax Act(the Act) on the rolls of the first respondent. Aggrieved byExts.P2 & P3 assessment orders, the petitioner preferred Exts.P6& P7 appeals before the second respondent. Ext.P8 & P9 are theapplications for stay preferred by the petitioner in Exts.P6 & P7appeals. The grievance of the petitioner in the writ petitionconcerns the delay on the part of the second respondent inpassing orders on Exts.P8 & P9 applications for stay. It is allegedby the petitioner in the writ petition that proceedings havealready been initiated for realisation of the amounts covered byExts.P2 & P3 assessment orders. The petitioner, therefore, seeksappropriate 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 petitiondirecting the second respondent to take a decision on Exts.P8 &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 Exts.P8 & P9applications for stay, further proceedings for realisation of theamounts covered by Exts.P2 & P3 assessment orders, shall bedeferred. Sd/- vps 14/3 P.B.SURESH KUMAR, JUDGE /True Copy/ PS to Judge