Wp(C) v. The Commissioner Of Income Tax Appeals

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI WEDNESDAY,THE 27TH DAY OF MARCH 2019 / 6TH CHAITHRA, 1941WP(C).No. 9506 of 2019 PETITIONER/S: THE THRISSUR DISTRICT CO-OPERATIVE BANK LIMITEDTHRISSUR, SAHAKARANA SATABDHI MANDIRAM, KOVILAKATHUMPADAM, THRISSUR - 680 022, REPRESENTED BYITS GENERAL MANAGER IN-CHARGE BY ADV. SRI.P.C.SASIDHARAN, SC, THRISSUR DISTRICT CO.OPERATIVE BANK LTD. RESPONDENT/S: 1THE COMMISSIONER OF INCOME TAX APPEALSTHRISSUR - 680 001 2THE DEPUTY COMMISSIONER OF INCOME TAXCIRCLE 2(1), RANGE - 2, THRISSUR - 680 0013THE STATE BANK OF INDIAREPRESENTED BY ITS CHIEF MANAGER, MAIN BRANCH, THRISSUR - 680 001 SMT. ALEENA MARIA JOSE., SRI. G. G MANOJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Heard Sri.P.C.Sasidharan, the learned counsel for thepetitioner, Smt.Aleena Maria Jose, the learned Standing Counsel forthe Income Tax and Sri.G.G.Manoj, the learned counsel appearingfor SBI. 2. The petitioner prays for mandamus directing the 1[st] respondent to consider and dispose of Ext.P6 stay petitionexpeditiously. The reason for invoking the writ jurisdiction of thisCourt is due to the notice dated 26.03.2019 issued by 2[nd] respondentto 3[rd] respondent under Section 222 to 225 of the Incone Tax Act,1961. 3. The learned counsel for the petitioner contends that theAssessment Order, Ext.P1 has not become final and statutory appealis filed and also Ext.P6 stay petition is moved. The recovery in theinterregnum of the disputed tax if is effected, the petitioner suffershardship and the appeal would become ineffective. The submissionsare merely noted and this Court is of the view that timely disposalof Ext.P6 stay petition is warranted in the facts and circumstancesin the case. Hence the writ petition is disposed of by this order:- W.P.(C)NO.9506/19 3 (a) 1[st] respondent considers and disposes of Ext.P6 stay petition as expeditiously as possible, preferably within two months from today.The recovery proceedings pursuant to Ext.P1 Assessment Order andExt.P8 notice are stayed for two months from today. Sd/- S.V.BHATTI JUDGE Ac W.P.(C)NO.9506/19 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER DATE 29/12/2018 EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE EXHIBIT P3 TRUE COPY OF THE COMPUTATION SHEET DATED 29/12/2018 EXHIBIT P4 TRUE COPY OF THE APPEAL DATED 16/1/2019 EXHIBIT P5EXHIBIT P6 TRUE COPY OF THE ORDER DATED 14/3/2019 TRUE COPY OF THE STAY PETITION DATED 16/3/2019 EXHIBIT P7 TRUE COPY OF THE CHALLAN RECEIPT DATED 26/3/2019 EXHIBIT P8 TRUE COPY OF THE ORDER DATED 26/3/2019 RESPONDENT'S/S EXHIBITS: NIL //TRUE COPY//Sd/- PA TO JUDGE