Wp(C)/8777/2019 Of Poovattoor East Service Co-Operative Bank Ltd v. The Income Tax Officer Ward 2

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY ,THE 22ND DAY OF MARCH 2019 / 1ST CHAITHRA, 1941 WP(C).No. 8777 of 2019 PETITIONER/S: POOVATTOOR EAST SERVICE CO-OPERATIVE BANK LTD. NO. 3503KALAYAPURAM, KOTTARAKKARA, KOLLAM-691560 REPRESENTED BY ITS SECRETARY. KALAYAPURAM, KOTTARAKKARA, KOLLAM-691560 BY ADVS.SRI.M.SASINDRANSRI.S.SHYAM KUMAR RESPONDENT/S: OTHER PRESENT: THUSHARA JAMES GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). No. 8777 of 2019 JUDGMENT The petitioner, challenging Ext.P2 assessment order underthe Income Tax Act, filed an appeal before the 2[nd] respondent. It isstated that the petitioner has not moved any stay application alongwith the appeal. Apprehending recovery, the petitioner hasapproached this Court. 2.In view of the above, the petitioner is directed to movea stay application before the 2[nd] respondent in one week. The 2[nd]respondent is directed to dispose of the the stay application to befiled by the petitioner, in six weeks thereafter. Till then, recoveryproceedings pursuant to the impugned order in the appeal shall bekept in abeyance. The writ petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE OF CLASSIFICATION DATED 30.11.2018 ISSUEDBY THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, KOTTARAKKARA. EXHIBIT P2 A TRUE COPY OF THE ASSESSMENT ORDER DATED 27.12.2018. EXHIBIT P3A TRUE COPY OF THE DEMAND NOTICE DATED27.12.2018. EXHIBIT P4 A TRUE COPY OF THE APPEAL MEMORANDUM FILED BEFORE TEH 2ND RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE NOTICE UNDER SECTION 226(3) OF THE INCOME TAX ACT DEMANDING THE PETITIONER TO PAY A SUM OF RS.4,90,000/-. EXHIBIT P6 A TRUE COPY OF THE JUDGEMENT DATED 21.12.2017 IN WPC 38566 OF 2017.