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Kerala High Court

M/S. Madai Co-Operative Rural Bank Ltd vs The Income Tax Officer on 11 April, 2019

Author: S.V.Bhatti

Bench: S.V.Bhatti

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                  THE HONOURABLE MR.JUSTICE S.V.BHATTI

       THURSDAY, THE 11TH DAY OF APRIL 2019 / 21ST CHAITHRA, 1941

                           WP(C).No. 9902 of 2019



PETITIONER/S:


                M/S. MADAI CO-OPERATIVE RURAL BANK LTD
                PAYANGADI P.O.KANNUR-670 303, REPRESENTED BY ITS
                SERETARY IN-CHARGE P.VIMALA

                BY ADVS.
                SRI.S.ARUN RAJ
                SMT.C.T.SUJA




RESPONDENT/S:
      1       THE INCOME TAX OFFICER
              WARD-1, KANNUR RANGE, KANNUR-670006R

       2        THE PRINCIPAL COMMISSIONER OF INCOME TAX,
                AAYAKAR BHAVAN, NORTH BLOCK, MANANCHIRA, KOZHIKODE
                673 001.

       3        THE COMMISSIONER OF INCOME TAX (APPEALS),
                AAYAKAR BHAVAN, MANANCHIRA, KOZHIKODE-673 001.



OTHER PRESENT:
             SC SRI. CHRISTOPHER ABRAHAM


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.04.2019,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 9902/2019
                                 -2-


                         JUDGMENT

Heard Sri Arun Raj S., the petitioner's counsel and Sri Christopher Abraham, the learned Standing Counsel for the respondents.

2. The petitioner prays for a direction to the third respondent to consider and dispose of Exts.P9 to P11 stay petitions expeditiously.

3. Having regard to the circumstances of the case the writ petition is disposed of directing the third respondent to consider and dispose of Exts.P9 to P11 stay petitions as expeditiously as possible, preferably within two months from the date of receipt of a copy of this judgment.

The recovery proceedings pursuant to the orders under appeal before the third respondent are stayed for two months from today.

Sd/-

S.V.BHATTI JUDGE jjj W.P.(C) No. 9902/2019 -3- APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 21.12.2015 PASSED BY THE 1ST RESPONDENT UNDER SECTION 143(3) OF THE ACT FOR THE AY 2013-14 EXHIBIT P2 TRUE COPY OF THE FIRST APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY 2013-14 EXHIBIT P3 TRUE COPY OF THE ASSESSMENT ORDER DATED 17.12.2016 PASSED UNDER SECTION 143(3) FOR THE AY 2014-15 EXHIBIT P4 TRUE COPY OF THE FIRST APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY 2014-15 EXHIBIT P5 TRUE COPY OF THE ASSESSMENT ORDER DATED 23.12.2018 PASSED UNDER SECTION 143(3) FOR THE AY 2016-17 EXHIBIT P6 TRUE COPY OF THE FIRST APPEAL FILED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT FOR THE AY 2016-17 EXHIBIT P7 TRUE COPY OF THE APPLICATION OF STAY FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT INTERALIA FOR THE AY 2013-14,2014-2015 AND 2016-17 EXHIBIT P8 TRUE COPY OF THE ORDER DATED 27.3.2019 PASSED BY THE 2ND RESPONDENT, PRINCIPAL COMMISSIONER OF INCOME TAX, KOZHIKODE INTERALIA FOR THE AYS 2013-14, 2014-15 AND 2016-17 W.P.(C) No. 9902/2019 -4- EXHIBIT P9 TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE AY 2013-14 EXHIBIT P10 TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE AY 2014-15 EXHIBIT P11 TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE AY 2016-17