Wp(C)/9638/2019 Of Kerala Gazetted Officers Co-Operative Society Limited v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI THURSDAY ,THE 28TH DAY OF MARCH 2019 / 7TH CHAITHRA, 1941 WP(C).No. 9638 of 2019 PETITIONER/S: M/S.KERALA GAZETTED OFFICERS CO-OPERATIVE SOCIETY LIMITED,(REPRESENTED BY ITS SECRETARY, SMT.MANJULA KUMARI,J) VAZHUTHACAUD, THYCAUD P.O., THIRUVANANTHAPURAM-695 014 BY ADVS.SRI.ANIL D. NAIRSHRI.GOKULRAJ L.SMT. ARYA ANILSRI.ACHYUT K PADMARAJSRI.R.SREEJITH RESPONDENT/S: 1INCOME TAX OFFICER,WARD-2 (1), THIRUVANANTHAPURAM-695 003 2COMMISSIONER OF INCOME TAX,AYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM-695 003 OTHER PRESENT: SC SRI. CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 9638/2019 J U D G M E N T Heard the petitioner's counsel and the Standing Counsel for the Income Tax Department. 2.The petitioner prays for the following reliefs: “a.To issue a writ of Mandamus or such other writ, order ordirection to dispose off Exhibit P4 and Exhibit P5 as expeditiouslyas possible.direction to dispose off Exhibit P4 and Exhibit P5 as expeditiouslyas possible. b.Pending hearing and final disposal of this writ petition, thisHon'ble Court may be pleased to grant stay of recovery to tax dueunder Exhibit P3. c.Issue such other and further reliefs as this Hon'ble Courtmay deed fit and proper in the interest of justice.” 3.Having regard to the circumstances of the case the writ petition is disposed of directing the respondent authorities to consider and dispose of the petitioner's rectification petitionand application under Section 154 of Income Tax Act (Ext.P5and P4) as expeditiously as possible, preferably within twomonths from the date of receipt of a copy of this judgment. W.P.(C) No. 9638/2019 In the meantime the recovery proceedings are stayed. Sd/- S.V.BHATTI JUDGE jjj APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ORDER DATED 28.12.2016 EXHIBIT P2TRUE COPY OF THE APPELLATE ORDER DATED 10.12.2018EXHIBIT P3TRUE COPY OF THE ORDER DATED 15.01.2019 GIVING EFFECT TO APPELLATE ORDER EXHIBIT P4TRUE COPY OF THE RECTIFICATION PETITION FILED UNDER SECTION 154 BEFORE 1ST RESPONDENT EXHIBIT P5TRUE COPY OF THE RECTIFICATION PETITION FILED UNDER SECTION 264 BEFORE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF STAY PETITION FILED BEFORE 2ND RESPONDENT