High Court of KeralaWP(C)/7335/2015disposed of

The Pothanganam Service Co-Operative Bank Ltd v. The Incoem Tax Officer

2015-03-09Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 9TH DAY OF MARCH 2015/18TH PHALGUNA, 1936 WP(C).No. 7335 of 2015 (N) --------------------------- PETITIONER :

--------------------- THE POOTHANGANAM SERVICE CO-OPERATIVE BANK LTD., P.O.PULLUR, ANANDASRAM VIA, KASARAGOD -671 531, REPRESENTED BY ITS SECRETARY.

BY ADV. SRI.O.D.SIVADAS RESPONDENT(S):

----------------------------

1. THE INCOME TAX OFFICER, WARD NO.2, KASARAGOD, KASARAGOD DISTRICT, PIN-671 121.

2. THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, MANANCHIRA, KOZHIKODE, PIN-673 001.

R1 & R2 BY ADV. SRI.KMV.PANDALAI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 7335 of 2015 (N) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1:

COPY OF THE ABOVE ASSESSMENT ORDER FOR 2007-08. EXHIBIT-P2:

COPY OF THE APPEAL PREFERRED BY THE PETITIONER. EXHIBIT-P3:

COPY OF THE STAY PETITION.

RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.A.TO.JUDGE sts

A.K.JAYASANKARAN NAMBIAR, J.

................................................. ............................................... Dated this the 9th day of March, 2015

JUDGMENT

Against Ext.P1 assessment order passed under the Income Tax Act, 1961 for the assessment year 2007- 2008, the petitioner preferred Ext.P2 appeal along with Ext.P3 stay petition before the 2nd respondent. It is the case of the petitioner that even before a consideration of the stay petition by the 2nd respondent, recovery steps are sought to be pursued for recovery of the amounts confirmed by Ext.P1 assessment order.

2. I have heard Sri.O.D.Sivadas, learned counsel appearing for petitioner and Sri.K.M.V.Pandalai, learned Government Pleader for the respondents.

3. On a consideration of the facts and circumstances of the case and the submissions made across the Bar, I dispose the writ petition with a direction to the 2nd respondent to consider and pass orders on Exts.P3 stay petition, preferred by the petitioner before him, within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. The order to be passed by the 2nd respondent shall contain reasons for the decision arrived at by him.

Recovery steps, pursuant to Ext.P1 assessment order shall be kept in abeyance till such time as the 2nd respondent passes orders, as directed, in Ext.P3 stay petition, and communicates the same to the petitioner.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE AMV/09/03/