Wp(C)/9656/2016 Of Paravur Service Co-Opertive Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 15TH DAY OF MARCH 2016/25TH PHALGUNA, 1937 WP(C)No. 9656 of 2016 (F) PETITIONER:- PARAVUR SERVICE CO-OPERTIVE BANK LTD.NO.1801,REPRESENTED BY ITS SECRETARY, PARAVUR P.O.,KOLLAM DISTRICT-691 301. BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR SRI.ARJUN RAGHAVAN SRI.ADITHYA RAJEEV -RESPONDENT(S): 1.THE INCOME TAX OFFICER, WARD-2, OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, KOLLAM RANGE, NEAR KARBALA JUNCTION,R.S.ROAD, KOLLAM DISTRICT-691 001.R.S.ROAD, KOLLAM DISTRICT-691 001. 2.THE COMMISSIONER OF INCOME TAX (APPEALS),AAYAKAR BHAVAN, KOWDIAR,THIRUVANANTHAPURAM-695 003. 3.THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH,KENDRIYA BHAVAN, BLOCK NO.C1 & C2,1ST FLOOR, KAKKANADU, COCHIN-682 030.KENDRIYA BHAVAN, BLOCK NO.C1 & C2,1ST FLOOR, KAKKANADU, COCHIN-682 030. BY SRI.K.M.V.PANDALAI, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: (P.T.O.) Sn WP(C)No. 9656 of 2016 (F) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: A TRUE OPY OF THE CERTIFICATE DATED 07.01.2015, ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM.JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM. EXT.P2:A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2012-2013DATED 31.03.2015.DATED 31.03.2015. EXT.P3:A TRUE COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH COVERINGLETTER DATED 04.04.2015.PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH COVERINGLETTER DATED 04.04.2015. EXT.P4:A TRUE COPY OF THE INTERIM ORDER DATED 30.09.2014 IN I.A.NO.2364/2014 IN ITA NO.188/2014.I.A.NO.2364/2014 IN ITA NO.188/2014. EXT.P5:A TRUE COPY OF THE JUDGMENT DATED 18.09.2015 IN WP(C)NO.28375 OF 2015.WP(C)NO.28375 OF 2015. EXT.P6:A TRUE COPY OF THE ORDER IN ITA NO.20/TVM/CIT(A), TVM/2015-16 DATED 15.12.2015.DATED 15.12.2015. EXT.P7:A TRUE COPY OF THE JUDGMENT DATED 23.12.2015 IN WP(C)NO.39464 OF 2015.WP(C)NO.39464 OF 2015. EXT.P8:A TRUE COPY OF THE APPELLATE ORDER NO.ITA NO.20/TVM/CIT(A),TVM/2015-16 DATED 16.02.2016 ISSUED BY THE 2ND RESPONDENT.TVM/2015-16 DATED 16.02.2016 ISSUED BY THE 2ND RESPONDENT. EXT.P9:A TRUE COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 01.03.2016. (WITHOUT ANNEXURES).PETITIONER BEFORE THE 3RD RESPONDENT DATED 01.03.2016. (WITHOUT ANNEXURES). EXT.P10:A TRUE COPY OF THE STAY PETITION DATED 01.03.2016 FILED ALONG WITH EXT.P9 APPEAL.WITH EXT.P9 APPEAL. EXT.P11:A TRUE COPY OF THE ACKNOWLEDGMENT-CUM-NOTICE DATED 02.03.2016 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT. DATED 02.03.2016 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT. -RESPONDENT(S) EXHIBITS NIL: //TRUE COPY// P.S. TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. .............................................................W.P.(C).No.9656 of 2016 .............................................................Dated this the 15[th] day of March, 2016 J U D G M E N T Against Ext.P8 1[st] appellate order under the Income Tax Act,the petitioner has preferred Ext.P9 appeal and Ext.P10 staypetition before the 3[rd] respondent Tribunal. It is the case of thepetitioner that even prior to considering the stay petition, recoverysteps are sought to be pursued for recovery of the amountsconfirmed by Ext.P8 1[st] appellate order 2. I have heard the learned counsel for the petitioner andalso the learned Standing counsel for the respondents. 3. On a consideration of the facts and circumstances of thecase as also the submissions made across the Bar, I dispose thewrit petition with the following directions: .............................................................Dated this the 15[th] day of March, 2016 J U D G M E N T Against Ext.P8 1[st] appellate order under the Income Tax Act,the petitioner has preferred Ext.P9 appeal and Ext.P10 staypetition before the 3[rd] respondent Tribunal. It is the case of thepetitioner that even prior to considering the stay petition, recoverysteps are sought to be pursued for recovery of the amountsconfirmed by Ext.P8 1[st] appellate order 2. I have heard the learned counsel for the petitioner andalso the learned Standing counsel for the respondents. 3. On a consideration of the facts and circumstances of thecase as also the submissions made across the Bar, I dispose thewrit petition with the following directions: i. The 3[rd] respondent Tribunal shall considerand pass orders on P10 stay petition within a period of six weeks from the date of receipt ofa copy of this judgment, after hearing thepetitioner. ii. Recovery steps for recovery of amountsconfirmed against petitioner by Ext.P8 1[st]appellate order shall be kept in abeyance tillsuch time as orders are passed by the 3[rd]respondent as directed above. A.K.JAYASANKARAN NAMBIAR JUDGE