Wp(C)/8732/2019 Of Pooyappally Service Co-Operative Bank Limited v. The Income Tax Officer Ward 2

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY ,THE 21ST DAY OF MARCH 2019 / 30TH PHALGUNA, 1940WP(C).No. 8732 of 2019 PETITIONER/S: POOYAPPALLY SERVICE CO-OPERATIVE BANK LIMITED NO.3964MEEYANNOOR, POOYAPPALLY, P.O. KOLLAM, KOLLAM DISTRICT-691537, REPRESENTED BY ITS SECRETARY. BY ADVS.SRI.M.SASINDRANSRI.S.SHYAM KUMAR RESPONDENT/S: 1THE INCOME TAX OFFICER WARD 2,AAYAKAR BHAVAN, INCOME TAX OFFICE, NEAR KARBALA JUNCTION, RAILWAY STATION ROAD, KOLLAM-691001. 2THE COMMISSIONER OF INCOME TAX(APPEALS)AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM-695003. MM JASMINE GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The petitioner filed an appeal againstthe assessment order before the 2[nd] respondent.The petitioner had not moved any stayapplication. The petitioner would submit thatin the light of Ext.P6 judgment of this Court,the petitioner is entitled for realisation ofthe amount and the recovery cannot be resortedto. 2. In the above circumstances, I am ofthe opinion that, if the petitioner moves astay application before the authorityconcerned, within a period of one week from thedate of receipt of a copy of this judgment,the Appellate Authority shall take a decisionon the stay application within a period of twomonths thereafter. Till then, recoveryproceedings, pursuant to the impugned order shall stand deferred. The writ petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE 21/03/2019 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1A TRUE COPY OF THE CERTIFICATE OFCLASSIFICATION ISSUED BY THE ASSISTANTREGISTRAR(GENERAL)OFCO-OPERATIVESOCIETIES, KOTTARAKKARA.CLASSIFICATION ISSUED BY THE ASSISTANTREGISTRAR(GENERAL)OFCO-OPERATIVESOCIETIES, KOTTARAKKARA. EXHIBIT P2A TRUE COPY OF THE ASSESSMENT ORDER DATED26.12.2018.26.12.2018. EXHIBIT P3A TRUE COPY OF THE DEMAND NOTICE DATED26.12.2018.26.12.2018. EXHIBIT P4A TRUE COPY OF THE APPEAL MEMORANDUM FILEDBEFORE THE 2ND RESPONDENT.BEFORE THE 2ND RESPONDENT. EXHIBIT P5A TRUE COPY OF THE NOTICE UNDER SECTION226(3) OF THE INCOME TAX ACT DEMANDING THEPETITIONER TO PAY A SUM OF RS.3,34,000/-.226(3) OF THE INCOME TAX ACT DEMANDING THEPETITIONER TO PAY A SUM OF RS.3,34,000/-. EXHIBIT P6A TRUE COPY OF THE JUDGMENT DATED 21.12.2017IN WPC 38566 OF 2017.IN WPC 38566 OF 2017. RESPONDENTS EXTS: NIL // TRUE COPY // P.A TO JUDGE