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High Court of KeralaWP(C)/21878/2015disposed of

The Pattikkad Service Co-Operative Bank Ltd v. The Commissioner Of Income Tax

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. 21878 of 2015 (H) ---------------------------- PETITIONER :

----------------------- THE PATTIKKAD SERVICE CO-OPERATIVE BANK LIMITED NO.P 455, PATTIKKAD P.O, MALAPPURAM DISTRICT- 679 325, REPRESENTED BY ITS SECRETARY.

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

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

1. THE COMMISSIONER OF INCOME TAX (APPEALS), AYAKAR BHAVAN, KOZHIKODE- 673 001.

2. THE INCOME TAX OFFICER,WARD (4), TIRUR.

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

sts

WP(C).No. 21878 of 2015 (H) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

COPY OF THE ASSESSMENT ORDER DATED 7.3.15 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2.

COPY OF THE APPEAL DATED 30.3.15 FILED BEFORE THE IST RESPONDENT.

EXHIBIT P3.

COPY OF THE STAY PETITION DATED 8.4.15 FILED BEFORE THE IST RESPONDENT.

EXHIBIT P4.

COPY OF THE STAY ORDER DATED 23.8.14 ISSUED BY THIS HONOURABLE COURT IN IA.NO. 2573/14 IN ITA NO.198 OF 2014. RESPONDENT(S)' EXHIBITS:

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

A. MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P(C). No. 21878 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 passed by the 2nd respondent. The petitioner has preferred Ext.P2 appeal along with Ext.P3 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 1st respondent to consider Ext.P3 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 1st respondent for further steps.

Sd/- A. MUHAMED MUSTAQUE, JUDGE.

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