The Poothanganam Service Co-operative Bank Ltd. v. The Income-tax Officer, Ward No. 2, Kasaragod / The Commissioner of Income-tax (Appeals), Kozhikode
[Citation -2015-LL-0309-29]

Citation 2015-LL-0309-29
Appellant Name The Poothanganam Service Co-operative Bank Ltd.
Respondent Name The Income-tax Officer, Ward No. 2, Kasaragod / The Commissioner of Income-tax (Appeals), Kozhikode
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 09/03/2015
Assessment Year 2007-08
Judgment View Judgment
Keyword Tags stay petition
Bot Summary: It is the case of the petitioner that even before a consideration of the stay petition by the 2nd respondent, recovery steps are sought to be pursued for recovery of the amounts confirmed by Ext.P1 assessment order. I have heard Sri.O.D.Sivadas, learned counsel appearing for petitioner and Sri.K.M.V.Pandalai, learned Government Pleader 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 2nd respondent to consider and pass orders on Exts.P3 stay petition, preferred by the petitioner before him, within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. The order to be passed by the 2nd respondent shall contain reasons for the decision arrived at by him. W.P.(C) No.7335 of 2015 2 Recovery steps, pursuant to Ext.P1 assessment order shall be kept in abeyance till such time as the 2nd respondent passes orders, as directed, in Ext.P3 stay petition, and communicates the same to the petitioner.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT: HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, 9TH DAY OF MARCH 2015/18TH PHALGUNA, 1936 WP(C).No. 7335 of 2015 (N) PETITIONER :- POOTHANGANAM SERVICE CO-OPERATIVE BANK LTD., P.O.PULLUR, ANANDASRAM VIA, KASARAGOD -671 531, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): 1. INCOME TAX OFFICER, WARD NO.2, KASARAGOD, KASARAGOD DISTRICT, PIN-671 121. 2. COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, MANANCHIRA, KOZHIKODE, PIN-673 001. R1 & R2 BY ADV. SRI.KMV.PANDALAI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-03-2015, COURT ON SAME DAY DELIVERED FOLLOWING: sts WP(C).No. 7335 of 2015 (N) APPENDIX PETITIONER(S)' EXHIBITSEXHIBIT-P1: COPY OF ABOVE ASSESSMENT ORDER FOR 2007-08. EXHIBIT-P2: COPY OF APPEAL PREFERRED BY PETITIONER. EXHIBIT-P3: COPY OF STAY PETITION. RESPONDENT(S)' EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts A.K.JAYASANKARAN NAMBIAR, J.W.P.(C) No.7335 of 2015 (N) Dated this 9th day of March, 2015 JUDGMENT Against Ext.P1 assessment order passed under Income Tax Act, 1961 for assessment year 2007- 2008, petitioner preferred Ext.P2 appeal along with Ext.P3 stay petition before 2nd respondent. It is case of petitioner that even before consideration of stay petition by 2nd respondent, recovery steps are sought to be pursued for recovery of amounts confirmed by Ext.P1 assessment order. 2. I have heard Sri.O.D.Sivadas, learned counsel appearing for petitioner and Sri.K.M.V.Pandalai, learned Government Pleader for respondents. 3. On consideration of facts and circumstances of case and submissions made across Bar, I dispose writ petition with direction to 2nd respondent to consider and pass orders on Exts.P3 stay petition, preferred by petitioner before him, within period of two months from date of receipt of copy of this judgment, after hearing petitioner. order to be passed by 2nd respondent shall contain reasons for decision arrived at by him. W.P.(C) No.7335 of 2015 (N) 2 Recovery steps, pursuant to Ext.P1 assessment order shall be kept in abeyance till such time as 2nd respondent passes orders, as directed, in Ext.P3 stay petition, and communicates same to petitioner. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE AMV/09/03/ W.P.(C) No.7335 of 2015 (N) 3 Poothanganam Service Co-operative Bank Ltd. v. Income-tax Officer, Ward No. 2, Kasaragod / Commissioner of Income-tax (Appeals), Kozhikode
Report Error