High Court of KeralaWP(C)/22821/2015disposed of

Trivandrum Service Co-Operative Bank Ltd v. The Income Tax Officer, Ward-I.

2015-07-29Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 29TH DAY OF JULY 2015/7TH SRAVANA, 1937 WP(C).No. 22821 of 2015 (C) ---------------------------- PETITIONER:

------------------- TRIVANDRUM SERVICE CO-OPERATIVE BANK LTD., GOVERNMENT PRESS ROAD, PUTHENCHANTHA, TRIVANDRUM - 1, REPRESENTED BY THE SECRETARY.

BY ADVS.SRI.ANIL D. NAIR SRI.R.SREEJITH SMT.O.A.NURIYA SMT.ROSIE ATHULYA JOSEPH RESPONDENT(S):

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

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

2. THE COMMISSIONER OF INCOME TAX (APPEALS), TRIVANDRUM - 695 001.

BY SRI.K.M.V.PANDALAI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 22821 of 2015 (C) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT P1.

TRUE COPY OF THE ASSESSMENT ORDER DATED 23.2.15 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT FOR THE YEAR 2010-11. EXHIBIT P2.

TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2010-11.

EXHIBIT P3.

TRUE COPY OF THE STAY PETITION FOR THE YEAR 2010-11 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P4.

TRUE COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT DATED 29.6.15 ISSUED TO THE PETITIONER.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.22821 of 2015 ****************************************************************************** Dated this the 29th day of July, 2015

JUDGMENT

The petitioner, impugning Ext.P1 assessment order, filed Ext.P2 appeal before the second respondent. The petitioner also filed Ext.P3 stay application.

2. Considering the facts and circumstances, there shall be a direction to the second respondent to consider the stay application within a period of three months after issuing notice to the petitioner. Till the disposal of the stay application, all recovery proceedings based on the assessment order shall be kept in abeyance. The petitioner is directed to produce a copy of this judgment before the second respondent for compliance.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln