IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT: HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, 24TH DAY OF MARCH 2015/3RD CHAITHRA, 1937 WP(C).No. 9237 of 2015 (D)- PETITIONER(S) KASARAGOD DISTRICT CO-OPERATIVE BANK LTD., PB NO.48, NAYAKS ROAD, KASARAGOD, REPRESENTED BY ITS GENERAL MANAGER, ANIL KUMAR, AGED 41 YEARS, S/O.AIYYAPPAN PILLAI. BY ADV. SRI.JAWAHAR JOSE. RESPONDENT(S):---- 1. COMMISSIONER OF INCOME TAX (APPEALS), KOZHIKODE. 2. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-I, KANNUR RANGE, KANNUR. BY ADV. SRI.K.M.V.PANDALAI, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-03-2015, COURT ON SAME DAY DELIVERED FOLLOWING: rs. WP(C).No. 9237 of 2015 (D) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF ASSESSMENT ORDER DATED 05/02/2015 FOR ASSESSMENT YEAR 2012-2013. EXT.P2 COPY OF NOTICE UNDER SECTION 156 OF INCOME TAX ACT. EXT.P3 COPY OF NOTICE UNDER SECTION 271 OF INCOME TAX ACT. EXT.P4 COPY OF MEMORANDUM OF APPEAL FILED BY PETITIONER BEFORE 1ST RESPONDENT. EXT.P5 COPY OF ORDER DATED 10/03/2015 ISSUED BY 2ND RESPONDENT. EXT.P6 COPY OF ASSESSMENT ORDER DATED 02/03/2015 FOR ASSESSMENT YEAR 2009-2010. EXT.P7 COPY OF ORDER DATED 12/03/2015 ISSUED BY 2ND RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs. A.K.JAYASANKARAN NAMBIAR, J. =========================================== W.P.(C). No. 9237 of 2015 ===================================================== Dated this 24th day of March, 2015 JUDGMENT Against Ext.P1 assessment order passed under Income Tax Act, for assessment year 2012-2013, petitioner preferred Ext.P4 appeal before 1st respondent appellate authority. It is pointed out that pursuant to demand of Rs.54,03,750/- that was raised on petitioner, consequent to assessment order, respondents have already adjusted amount of Rs.27,08,245/-, which was due to petitioner by way of refund, as discernible from Ext.P6 order. adjustment effected by respondents resulted in outstanding liability of petitioner for assessment year 2012-13 being reduced to Rs.26,95,500/-. It is case of petitioner that, inasmuch as said amount of Rs.27,08,245/- has been adjusted by respondents towards liability for assessment year 2012-13, direction may be issued to appellate authority to consider and pass orders in appeal itself, without insisting on any further deposit of tax as condition for grant of stay pending disposal of appeal. 2. I have heard learned counsel appearing for petitioner and learned Standing Counsel appearing for -2- W.P.(C). No. 9237 of 2015 respondents. 3. On consideration of facts and circumstances of case and submissions made across bar, and in particular, taking note of fact that amount of Rs.27,08,245/- has already been adjusted by 1st respondent against liability for assessment year 2012-13, I dispose writ petition with direction to 1st respondent to consider and pass orders on Ext.P4 appeal filed by petitioner before 1st respondent, within period of two months from date of receipt of copy of this judgment, after hearing petitioner. recovery steps pursuant to Ext.P7 notice shall be kept in abeyance till such time as 1st respondent passes orders, as directed, and communicates same to petitioner. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das Kasaragod District Co-Operative Bank Ltd. v. Commissioner of Income-tax (Appeals), Kozhikode / Assistant Commissioner of Income-tax, Circle-I, Kannur Range, Kannur