High Court of KeralaWP(C)/21826/2015disposed of

Mankada Service Co-Operative Bank Ltd. v. Income Tax Officer, Ward Iv Tirur

2015-07-21Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 21ST DAY OF JULY 2015/30TH ASHADHA, 1937 WP(C).No. 21826 of 2015 (C) ---------------------------- PETITIONER :

--------------------- MANKADA SERVICE CO-OPERATIVE BANK LTD., MANKADA, PERINTHALMANNA, MALAPPURAM DISTRICT PIN - 679324, REPRESENTED BY ITS SECRETARY.

BY SENIOR ADVOCATE SRI.K.ANAND BY ADVS.SMT.LATHA KRISHNAN SRI.M.N.RADHAKRISHNA MENON SRI.JOSEPH SEBASTIAN (PARACKAL) RESPONDENT(S) :

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

1. INCOME TAX OFFICER WARD 4, OFFICE OF THE INCOME TAX OFFICER, TARIFF BAZAR TOWN HALL ROAD, TIRUR-676 101.

2. THE COMMISSIONER OF INCOME TAX (APPEALS) KOZHIKODE.

R1 & R2 BY ADV. SRI.K.M.V.PANDALAI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 21826 of 2015 (C) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT-P1:

TRUE COPY OF THE ASSESSMENT ORDER DATED 2.3.2015. EXHIBIT-P2:

TRUE COPY OF PENALTY NOTICE UNDER SECTION 271B DATED 2.03.2015 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT-P3:

TRUE COPY OF PENALTY NOTICE UNDER SECTION 271F DATED 2.03.2015 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT-P4:

TRUE COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT-P5:

TRUE COPY OF STAY PETITION.

EXHIBIT-P6:

TRUE COPY OF PROCEEDINGS DATED 2.3.2015.

RESPONDENT(S)' EXHIBITS : NIL ----------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

A. MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P(C). No. 21826 of 2015 ------------------------------------------- Dated this the 21st day of July, 2015

J U D G M E N T

The petitioner has filed this writ petition challenging Ext.P1 assessment order for the year 2012-13 passed by the 1st respondent. The petitioner has preferred Ext.P4 appeal along with Ext.P5 petition for stay against the said order. 2.

Heard the learned counsel for the petitioner as well as the learned Government Pleader for the respondents. 3.

Considering the facts and circumstances of the case, this writ petition is disposed of directing the 2nd respondent to consider Ext.P5 after issuing notice to the petitioner, within a period of three months from the date of receipt of a copy of this judgment. Till a final decision is taken as directed above, all the coercive proceedings shall be kept in abeyance. Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 2nd respondent for further steps.

Sd/- A. MUHAMED MUSTAQUE, JUDGE.