M/S.Vellanad Service Co Operative 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 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 WP(C).No. 10614 of 2015 (B) ---------------------------- PETITIONER(S):

-------------------------- M/S.VELLANAD SERVICE CO OPERATIVE BANK LTD., BANK BUILDING, NEAR KSRTC BUS STAND, VELLANAD, THIRUVANANTHAPURAM-695 543, REPRESENTED BY ITS SECRETARY-IN-CHARGE SMT.J. AMBIKA DEVI.

BY SRI.T.M.SREEDHARAN, SENIOR ADVOCATE.

ADVS. SRI.V.P.NARAYANAN, SMT.DIVYA RAVINDRAN.

RESPONDENT(S):

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

1. THE INCOME TAX OFFICER, WARD 2(3), THIRUVANANTHAPURAM-695 001.

2. THE COMMISSIONER OF INCOME TAX (APPEALS), 2ND FLOOR, AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM-695 001.

3. THE MANAGER, TRIVANDRUM DISTRICT CO-OPERATIVE BANK LTD., VELLANAD BRANCH, VELLANAD, TRIVANDRUM-695 001. R1 & R2 BY ADV. SRI.K.M.V.PANDALAI, SC.

R3 BY ADV. SRI.T.R.HARIKUMAR, SC.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 10614 of 2015 (B) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF THE ASSESSMENT ORDER DATED 28/03/2014 ALONG WITH COMPUTATION OF INCOME AND DEMAND NOTICE PASSED BY THE FIRST RESPONDENT.

EXT.P2 COPY OF THE MEMORANDUM OF APPEAL DATED 28/04/2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P2A COPY OF THE STAY PETITION DATED 30/10/2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXT.P3 COPY OF THE NOTICE DATED 24/03/2015 ISSUED U/S.226(3) BY THE 1ST RESPONDENT.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

A.K.JAYASANKARAN NAMBIAR, J.

................................................. ............................................... Dated this the 31st day of March, 2015

JUDGMENT

Against Ext.P1 assessment order under the Income Tax Act, 1961, for the assessment year 2008 - 2009, the petitioner preferred Ext.P2 appeal along with Ext.P2(a) stay petition before the 2nd respondent. It is the case of the petitioner that even before the consideration of the stay petition by the 2nd respondent, recovery steps have been initiated against him through Ext.P3 demand notice, for recovery of the amounts confirmed in the assessment order.

2. I have heard Sri.T.M.Sreedharan, the learned senior counsel appearing for petitioner and Sri.K.M.V.Pandalai, the learned standing counsel 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 Ext.P2(a) 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 initiated through Ext.P3 demand notice shall be kept in abeyance till such time as the 2nd respondent passes orders, as directed, in Ext.P2(a) stay petition, and communicates the same to the petitioner.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE AMV/01/04/