Wp(C)/9437/2020 Of Palakkad Service Co-Operative Bank Ltd v. The Income Tax Appellate Tribunal, Cochin Branch

IN THE HIGH COURT OF KERALA AT ERNAKULAM Before THE HON’BLE MR. JUSTICE A.K. JAYASANKARAN NAMBIAR & THE HON’BLE MR. JUSTICE SHAJI P. CHALY Saturday, the 11[th] day of April, 2020/22[nd] Chaithra, 1942 W.P.(C). No. 9437 of 2020 PETITIONER: Palakkad Service Co-Operative Bank Ltd.,F-1200, G.B. Road,Palakkad - 678 001.Represented by its Secretary Mr. C. I Ramesh Kumar. By Adv. Sri. A. Kumar RESPONDENTS: 1. The Income Tax Appellate Tribunal,Cochin Bench, 1st Floor, Block C-I & C-II,Kendriya Bhavan, Kakkanad - 682 O37.Cochin Bench, 1st Floor, Block C-I & C-II,Kendriya Bhavan, Kakkanad - 682 O37. 2. The Commissioner of Income Tax (Appeals),3[rd] Floor, AAYKAAR Bhavan, S T Nagar, Thrissur - 680 001.3[rd] Floor, AAYKAAR Bhavan, S T Nagar, Thrissur - 680 001. 3. Assistant Commissioner of Income TaxCircle 1, Aayakar Bhavan, English Church Road, Palakkad -678 001.Circle 1, Aayakar Bhavan, English Church Road, Palakkad -678 001. By Adv. Sri. Christopher Abraham, Standing Counsel This Writ Petition (Civil) having come up for admission on 11.04.2020, the court on the same day passed the following: A.K. JAYASANKARAN NAMBIAR & SHAJI P. CHALY, JJ.=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C). No. 9437 of 2020 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=Dated this the 11[th] day of April, 2020 JUDGMENT JAYASANKARAN NAMBIAR, J Against Exts.P1 to P5 assessment orders under the Income Tax Actfor the assessment years 2013-2014 to 2017-2018, the petitionerpreferred an appeal before the First Appellate Authority. The said appealswere disposed of by Ext.P6 common order. Aggrieved by the same, thepetitioner preferred Exts.P7 to P11 appeals and P12 to P16 stay petitionsbefore the first respondent Tribunal. The limited prayer in the writ petitionis for a direction for the first respondent to consider the stay applicationsexpeditiously and to keep in abeyance the recovery proceedings in themeanwhile. 2. We have heard Sri. A. Kumar, the learned counsel for thepetitioner, and Sri. Christopher Abraham, learned Standing Counsel forrespondents 2 and 3. 3. On a consideration of the facts and circumstances of the caseand the submissions made across the Bar, we deem it appropriate todispose of the writ petition with a direction to the first respondent toconsider and pass orders on Exts.P12 to P16 stay applications within aperiod of four months from the date of receipt of a copy of this judgment,after hearing the petitioner. 4. It is made clear that till such orders are passed by the firstrespondent as directed and the order communicated to the petitioner, further steps for recovery of amount confirmed against the petitioner bythe assessment orders shall be kept in abeyance.Writ petition is disposed of as above. (Sd/-) A.K. JAYASANKARAN NAMBIAR, JUDGE. Rv (Sd/-) SHAJI P. CHALY, JUDGE. APPENDIX PETITIONER’S EXHIBITS: RESPONDENTS’ EXHIBITS:NIL /True Copy/ PS to Judge.