Wp(C)/8546/2020 Of Varapuzha Service Co-Operative Bank Limited v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941WP(C).No.8546 OF 2020(P) PETITIONER: M/s.VARAPUZHA SERVICE CO-OPERATIVE BANK LTD.VARAPUZHA, ERNAKULAM, PIN-683517 REPRESENTED BY ITS SECRETARY SMT.RUXANA BAI.S BY ADVS.SRI.T.M.SREEDHARAN (SR.)SRI.V.P.NARAYANANSRI.R.BHASKARA KRISHNAN RESPONDENTS: 1THE INCOME TAX OFFICERWARD-3, KAP COMMERCIAL COMPLEX, ALUVA RANGE, R.S.ROAD, ALUVA-683101 2THE COMMISSIONER OF INCOME TAX (APPEALS)28/243, “POORNIMA”, NEAR MANAORAMA JUNCTION, PANAMPILLY NAGAR, KOCHI-682036 3THE ASSISTANT REGISTRARINCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, 1ST FLOOR, (BLOCK C-I & C-II), KENDRIYA BHAVAN, OPP.CSEZ, KAKKANAD, COCHIN-682037 SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON18.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The petitioner, an assessee of the income tax, against the assessment order dated 1.3.2016 pertaining to theassessment year 2013-14, preferred an appeal before thesecond respondent. The second respondent vide Ext.P2order dated 10.12.2019 dismissed the appeal. Against theaforementioned order, the petitioner preferred Ext.P3Second Appeal dated 19.2.2020 and interim stayapplication dated 14.3.2020 before the third respondent.In the meantime, the assessing authority is contemplatingto initiate coercive measures and the purpose of filing ofthe appeal only remained as a communication in theabsence of consideration of the interim application. 2.The learned counsel appearing on behalf of theIncome Tax Authority, submits that the appeals are takingserial wise. However, there will not be any impediment for the Tribunal to take the interim application in case anappropriate direction is issued fixing the timelines. Having heard the learned counsel for the parties andappraised the paper book, without expressing any opinionon the merits of the matter, I dispose of the Writ Petitionwith a direction to the third respondent to take necessarysteps in considering the stay application within a period oftwo months from the date of receipt of a certified copy ofthis judgment and take a decision thereon accordance withlaw after affording an opportunity of hearing. Till then,coercive measures contemplated to be taken or alreadytaken are ordered to be kept in abeyance. It is made clearthat the interim stay is till the disposal of the stayapplication. csl Sd/- AMIT RAWAL JUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER DATED 01.03.2016 PASSED BY THE 1ST RESPONDENT FOR AY-2013-14 ALONG WITH DEMAND NOTICE EXHIBIT P2 TRUE COPY OF THE APPELLATE ORDER DATED 10.12.2019 IN ITA NO.2/ALY/CIT(A)-II/K/2016-17 PASSED BY THE 2ND RESPONDENT FOR AY-2013-14 EXHIBIT P3 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 19.02.2020 E-FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF THE STAY PETITION DATED 14.03.2020 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT