The Mannarkkad Rural Service Co-Op.Bank Ltd v. The Income Tax Officer, Palakkad

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 4TH DAY OF DECEMBER 2015/13TH AGRAHAYANA, 1937 WP(C).No. 36682 of 2015 (I) ---------------------------- PETITIONER :

------------------ THE MANNARKKAD RURAL SERVICE CO-OP.BANK LTD., MANNARKKAD, PALAKKAD - 678582, REPRESENTED BY ITS SECRETARY, M. PURUSHOTHAMAN.

BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS :

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

1. THE INCOME TAX OFFICER, WARD 4, PALAKKAD - 678 001.

2. THE COMMISSIONER OF INCOME TAX (APPEALS), ERNAKULAM, KOCHI - 16.

R1 & R2 BY ADV. SRI.JOSE JOSEPH, SC, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

WP(C).No. 36682 of 2015 (I) APPENDIX PETITIONER'S EXHIBITS :

P1:

COPY OF ASSESSMENT ORDER ISSUED BY THE R1 FOR THE YEAR 2012-13 DT 26/3/2014.

P2:

COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE R2 DT 22/4/2015. P3:

COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE R2 DT 22/4/2015.

RESPONDENT'S EXHIBITS :

NIL.

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

A.K.JAYASANKARAN NAMBIAR, J.

............................................................ W.P.(C).No.36682 of 2015 ............................................................. Dated this the 4th day of December, 2015 J U D G M E N T Against Ext.P1 assessment order under the Income Tax Act, the petitioner has preferred Ext.P2 appeal and Ext.P3 stay petition before the 2nd respondent. It is the case of the petitioner that even prior to considering the stay petition, recovery steps are sought to be pursued for recovery of the amounts confirmed by Ext.P1 assessment orders.

2. I have heard the learned counsel for the petitioner and also the learned Standing counsel for the respondents.

3. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with the following directions:

i. The 2nd respondent shall consider and pass orders on Ext.P3 stay petition within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner.

ii. Recovery steps for recovery of amounts confirmed against petitioner by Ext.P1 assessment order shall be kept in abeyance till

W.P.(C).No.36682 of 2015 orders are passed by the 2nd respondent as directed above and communicated to the petitioner.

iii. The order to be passed by the 2nd respondent shall be a reasoned one adverting to the contentions of the petitioner regarding existence of a prima facie case for a stay of recovery pending disposal of the appeal.

A.K.JAYASANKARAN NAMBIAR JUDGE mns/4.12.15