IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT: HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, 19TH DAY OF FEBRUARY 2015/30TH MAGHA, 1936 WP(C).No. 5223 of 2015 (C) PETITIONER: M/S.KERALA STATE CO-OPERATIVE AGRICULTURAL & RURUAL DEVELOPMENT BANK LTD., POST BOX NO.56, STATUE JUNCTION, TRIVANDRUM, REPRESENTED BY GENERAL MANAGER(I/C). BY ADVS.SRI.ANIL D. NAIR SRI.R.SREEJITH SMT.C.S.SULEKHA BEEVI SMT.ROSIE ATHULYA JOSEPH KUM.SOUMYA PRAKASH RESPONDENT(S): ------- 1. INCOME TAX OFFICER, WARD 2(1), THIRUVANANTHAPURAM - 695 003. 2. INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, KENDRIYA BHAVAN, KAKKANAD - 682 030. BY GOVERNMENT PLEADER SRI.S.SUDHEESH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-02-2015, COURT ON SAME DAY DELIVERED FOLLOWING: mbr/ WP(C).No. 5223 of 2015 (C) ------------ APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF ASSESSMENT ORDER DATED 30.12.2013 FOR YEAR 2011-12 ISSUED TO PETITIONER BY FIRST RESPONDENT. EXHIBIT P2 : TRUE COPY OF ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) DATED 28.11.2014 FOR YEAR 2011-12. EXHIBIT P3 : TRUE COPY OF APPEAL FILED BY PETITIONER BEFORE 2ND RESPONDENT. EXHIBIT P4 : TRUE COPY OF ORDER GIVING EFFECT BEFORE 1ST RESPONDENT. EXHIBIT P5 : TRUE COPY OF NOTICE DATED 12.1.2015 FOR YEAR 2011-12 ISSUED TO PETITIONER BY FIRST RESPONDENT. EXHIBIT P6 : TRUE COPY OF STAY PETITION FILED BY PETITIONER BEFORE 2ND RESPONDENT. EXHIBIT P7 : TRUE COPY OF GARNISHEE PROCEEDINGS OF CATHOLIC SYRIAN BANK LTD., TRIVANDRUM. RESPONDENT'S EXHIBITS: - NIL -------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/ A.K.JAYASANKARAN NAMBIAR, J. ........................................................ W.P.(C).No.5223 of 2015 ......................................................... Dated this 19th day of February, 2015 JUDGMENT Against Ext.P2 order of First Appellate Authority under Income Tax Act, petitioner has preferred Ext.P3 appeal and Ext.P6 stay petition before 2nd respondent. It is case of petitioner that pending consideration of stay petition by 2nd respondent, respondents have initiated garnishee proceedings through Ext.P7 notice. 2. Heard Sri.Anil. D.Nair, learned counsel for petitioner and Sri.Sudheesh Kumar, learned Government Pleader for respondents. 3. On consideration of facts and circumstances of case as also submissions made across Bar, I dispose writ petition with following directions: i. 2nd respondent shall consider and pass orders on Ext.P6 stay petition within period of two months from date of receipt of copy of this judgment, after hearing W.P.(C).No.5223 of 2015 2 petitioner. ii. Recovery steps for recovery of amounts confirmed against petitioner by assessment order including further steps pursuant to Ext.P7 notice shall be kept in abeyance till orders are passed by 2nd respondent as directed above and communicated to petitioner. iii. order to be passed by 2nd 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 mns/ W.P.(C).No.5223 of 2015 3 Kerala State Co-Operative Agricultural & Rural Development Bank Ltd. v. Income-tax Officer, Ward-2(1), Thiruvananthapuram / Income-tax Appellate Tribunal, Kakkanad