IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT: HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, 13TH DAY OF FEBRUARY 2015/24TH MAGHA, 1936 WP(C).No. 4713 of 2015 (L) PETITIONER(S): CHERUVATHUR FARMERS SERVICE CO-OP. BANK LTD CHERUVATHUR, KASARGOD-671313 REPRESENTED BY ITS MANAGING DIRECTOR MR. VINAYA KUMAR P.K. BY ADV. SRI.A.KUMAR RESPONDENT(S): 1. COMMISSIONER OF INCOME TAX APPEALS CALICUT-673001. 2. INCOME COMMISSIONER WARD-2, KASARGOD, VIDYA NAGAR P.O.-671 123. R BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-02-2015, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No. 4713 of 2015 (L) APPENDIX PETITIONER(S)' EXHIBITS: - EXHIBIT P1: TRUE COPY OF BYE-LAWS OF CO-OPERATIVE SOCIETY. EXHIBIT P2: TRUE COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 2007-08 DATED 19.1.2015. EXHIBTI P3: TRUE COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 2008-09 DATED 30.10.2014. EXHIBIT P4: TRUE COPY OF ASSESSMENT ORDER FOR ASSESSMENT YEAR 2011-123 DATED 7.3.2014. EXHIBTI P5: TRUE COPY OF ASSESSMENT ORDER OFR ASSESSMENT YEAR 2012-13 DATED 21.11.2014. EXHIBIT P6: TRUE COPY OF MEMORANDUM OF APPEAL FOR ASSESSMENT YEAR 2008-09 DATED 5.12.2014. EXHIBIT P7: TRUE COPY OF MEMORANDUM OF APPEAL FOR ASSESSMENT YEAR 2011-2012 DATED 8.4.2014. EXHIBIT P8: TRUE COPY OF MEMORANDUM OF APPEAL FOR ASSESSMENT YEAR 2012-13 DATED 19.12.2014. EXHIBIT P9: TRUE COPY OF NOTICE DATED 9.1.2015 DEMANDING BALANCE PAYMENT. EXHIBIT P10: TRUE COPY OF NOTICE DATED 3.2.2015 ISSUED BY 2BND RESPONDNT TO KASARAGOD DISTRICT CO-OPERATIVE BANK. RESPONDENT(S)' EXHIBITS: NIL. --------------------------------------- //TRUE COPY// P.S. TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. ------------------------------- W.P.(C).NO.4713 OF 2015 (L) ----------------------------------- Dated this 13th day of February, 2015 JUDGMENT petitioner, which is primary agricultural credit society, is assessee under Income Tax Act. Against Exts.P3, P4 and P5 assessment orders under Income Tax Act for assessment years 2008-09, 2011-12 and 2012-13, petitioner has preferred Exts.P6, P7 and P8 appeals before 1st respondent. It is stated that during pendency of these appeals, for assessment years 2007-08, 2008-09, 2011-12 and 2012-13, petitioner has already paid Rs.23 lakhs towards outstanding taxed interest and dues. total outstanding taxed interest as far as orders impugned in appeals are concerned, is approximately Rs.1,15,00,000/-. Under these circumstances and faced with recovery steps for recovery of balance amounts confirmed against petitioner by assessment orders in question, prayer of petitioner in writ petition is for direction to 1st respondent to consider and pass orders in Ext.P6, P7 and P8 appeals that are pending before him, within W.P.(C).No.4713/2015 2 stipulated period and to keep in abeyance recovery proceedings in meanwhile. 2. I have heard Sri.A.Kumar, learned counsel appearing for petitioner as also Sri.Jose Joseph, learned Standing counsel appearing for Income Tax Department. On consideration of facts and circumstances of case as also submissions made across bar and also taking into account plea of financial hardship urged on behalf of petitioner, I dispose writ petition with following directions: (i) 1st respondent shall pass final orders on Exts.P6, P7 and P8 appeals within period of three months from date of receipt of copy of this judgment, after hearing petitioner. (ii) Recovery steps, if any, initiated against petitioner for recovery of balance tax and interest dues including garnishee proceedings, for assessment years 2007-08, 2008-09, 2011-12 and 2012-13 shall be kept in abeyance till such time as 1st respondent passes orders as directed in this W.P.(C).No.4713/2015 3 judgment and communicates same to petitioner, on condition that petitioner remits amount of Rs.12,00,000/- on or before 25.3.2015. A.K.JAYASANKARAN NAMBIAR JUDGE prp Cheruvathur Farmers Service Co-Op. Bank Ltd. v. Commissioner of Income-tax Appeals Calicut / Income Commissioner, Ward-2, Kasargod