Kerala High Court
The Chirakkara Service Co-Operative ... vs The Income Tax Officer on 22 October, 2019
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 22ND DAY OF OCTOBER 2019 / 30TH ASWINA, 1941
WP(C).No.27906 OF 2019(K)
PETITIONER:
THE CHIRAKKARA SERVICE CO-OPERATIVE BANK LTD.,
NO. 1894, REPRESENTED BY ITS SECRETARY IN CHARGE,
CHIRAKKARA P.O. KOLLAM DISTRICT 691 578.
BY ADVS.
SRI.T.R.HARIKUMAR
SRI.ARJUN RAGHAVAN
RESPONDENTS:
1 THE INCOME TAX OFFICER,
WARD 1 AND TPS, OFFICE OF THE ADDITIONAL COMMISSIONER
OF INCOME TAX, KOLLAM RANGE, AAYAKAR BHAVAN, KARBALA
JUNCTION, KOLLAM 691 001.
2 THE COMMISSIONER OF INCOME TAX
(APPEALS), AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM
695 003.
3 THE REGISTRAR,
INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, KENDRIAY
BHAVAN, BLOCK NO. C1 AND C2, 1ST FLOOR, KAKKANAD,
COCHIN 682 030.
BY STANDING COUNSEL SRI.CHRISTOPHER ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.27906 OF 2019(K) 2
JUDGMENT
Against Ext.P1 assessment order under the Income Tax Act, the petitioner has preferred a rectification application and by Ext.P3 order the 2nd respondent rectified the assessment order. Thereafter the petitioner has preferred Ext.P4 appeal and Ext.P5 stay petition before the 3rd respondent. The limited prayer in the writ petition is for a direction to the 3rd respondent to consider stay petition expeditiously, after hearing the petitioner and to keep in abeyance recovery steps, in the meanwhile.
2. I have heard the learned counsel appearing for the petitioner and the learned Standing counsel for the respondents.
On a consideration of the facts and circumstances of the case and the submissions made across the bar, I dispose the writ petition with a direction to the 3rd respondent to consider and pass orders on Ext.P5 stay petition within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. Recovery steps for recovery of amounts confirmed against the petitioner by Ext.P3 rectified order shall be kept in abeyance till such time as orders are passed by the 3rd respondent as directed and the order communicated to the petitioner. WP(C).No.27906 OF 2019(K) 3 The petitioner shall produce a copy of this judgement, together with a copy of the writ petition before the 3rd respondent for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE mns WP(C).No.27906 OF 2019(K) 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF THE ASSESSMENT ORDER FOR THE YEAR 2015-2016 DATED 28.12.2017.
EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 17.12.2018 IN IS NO. 297/EF/KLM/CIT(A)/TVM/2017-18 OF THE 2ND RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 03.09.201A IN ITA NO. 297/EF/KLM/CIT(A)/TVM/2017-18 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 154 OF THE INCOME TAX ACT.
EXHIBIT P4 A TRUE COPY OF THE APPEAL MEMORANDUM ALONG WITH AFFIDAVIT AND CHELAN DATED 5.10.2019 FIELD BEFORE THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH.
EXHIBIT P5 A TRUE COPY OF THE STAY PETITION FILED ALONG WITH EXT. P4 APPEAL DATED 05.10.2019. RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE