IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT: HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, 6TH DAY OF JANUARY 2015/16TH POUSHA, 1936 WP(C).No. 174 of 2015 (V) - PETITIONER: - MOWANCHERY CO-OPERATIVE RURAL BANK LTD., AABAT4821C, P.O.MOWANCHERY, KANNUR - KANNUR -670 613, REPRESENTED BY ITS SECRETARY, VINAYAKUMAR M.N. BY ADVS.DR.K.P.PRADEEP SRI.I.V.PRAMOD RESPONDENT(S) 1. CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI-110 001, REPRESENTED BY ITS CHAIRMAN. 2. INCOME TAX OFFICER, WARD 1, KANNUR, AAYAKKAR BHAVAN, KANNOTHUMCHAL, CHOVVA, KANNUR-670 006. 3. COMMISSIONER OF INCOME TAX (APPEALS), KOZHIKODE, AAYAKAR BHAVAN, REVENUE BUILDING, MANANCHIRA, KOZHIKODE. 4. INCOME TAX APPELLATE TRIBUNAL, KOCHI BENCH, KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM, REPRESENTED BY ITS REGISTRAR. BY SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-01-2015, COURT ON SAME DAY DELIVERED FOLLOWING: mbr/ WP(C).No. 174 of 2015 (V) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS: ------------------------------------- EXHIBIT P1 : TRUE COPY OF CERTIFICATE NO.7000/2012/0 DATED24.9.2012 ISSUED BY JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KANNUR TO PETITIONER. EXHIBIT P2 : TRUE COPY OF ASSESSMENT ORDER NO.AABAT4821 C DATED 21.3.2013 ISSUED BY 2ND RESPONDENT TO PETITIONER FOR ASSESSMENT YEAR 2010-11. EXHIBIT P3 : TRUE COPY OF ORDER IN APPEDAL IN ITA-47/KNR/CIT/2013-14 DATED 30.10.2014 ISSUED BY 3RD RESPONDENT TO PETITIONER FOR ASSESSMENT YEAR 2010-11. EXHIBIT P4 : TRUE COPY OF APPEAL DATED 15.12.2014 FILED AGAINST EXT.P3 ORDER IN APPEAL BEFORE INCOME TAX APPELLATE TRIBUNAL, KOCHI BENCH FOR ASSESSMENT YEAR 2010-11. EXHIBIT P5 : TRUE COPY OF STAY APPLICATION DATED 15.12.2013 FILED ALONG WITH EXT.P4 APPEAL BEFORE INCOME TAX APPELLATE TRIBUNAL, KOCHI BENCH FOR ASSESSMENT YEAR 2010-11. EXHIBIT P6 : TRUE COPY OF DEMAND NOTICE NO.AABAT4821C/2010- 11/W1/KNR DATED.21.3.2013 ISSUED BY 2ND RESPONDENT TO PETITIONER FOR YEAR 2010-11. EXHIBIT P7 : TRUE COPY OF STATEMENT OF REMITTANCE OF INCOME TAX FOR YEAR 2010-11. RESPONDENT(S)' EXHIBITS: - NIL /TRUE COPY/ P.S. TO JUDGE mbr/ A.K.JAYASANKARAN NAMBIAR, J. W.P.(C).NO.174 OF 2015 (V) Dated this 6th day of January, 2015 JUDGMENT Against Ext.P2 assessment order, petitioner preferred appeal before 3rd respondent Commissioner of Income Tax (Appeals) but it was dismissed by 3rd respondent vide Ext.P3 order. Against Ext.P3 order, petitioner has again preferred Ext.P4 appeal and Ext.P5 stay petition before 4th respondent. It is case of petitioner that even prior to considering stay petition, recovery steps are sought to be pursued for recovery of amounts confirmed by Ext.P2 assessment order. 2. Heard Sri.K.P.Pradeep, learned counsel appearing for petitioner and Sri.Jose Joseph, learned Standing counsel for respondents. 3. On consideration of facts and circumstances of case as also submissions made across Bar, I dispose writ petition with following directions: W.P.(C).No.174/2015 2 1. 4th respondent shall consider and pass orders on stay petition within period of one month from date of receipt of copy of this judgment, after hearing petitioner. 2.Recovery steps for recovery of amounts confirmed against petitioner by assessment order shall be kept in abeyance till orders are passed by 4th respondent as directed above and communicated to petitioner. 3. order to be passed by 4th respondent shall be reasoned one adverting to contentions of petitioner regarding existence of prima facie case for stay of recovery pending disposal of appeal. A.K.JAYASANKARAN NAMBIAR JUDGE prp Mowanchery Co-Operative Rural Bank Ltd. v. Central Board of Direct-taxes / Income-tax Officer, Ward-1, Kannur / Commissioner of Income-tax (Appeals), Kozhikode/Income-tax Appellate Tribunal, Kakkanad