IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT: HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 WP(C).No. 10338 of 2015 (N) PETITIONER(S): - PERINTHALMANNA CO-OPERATIVE URBAN BANK LIMITED, P.B. NO.10, PATTAMBI ROAD, PERINTHALMANNA, MALAPPURAM DISTRICT-679 322, REPRESENTED BY ITS GENERAL MANAGER. BY SRI.K.ANAND, SENIOR ADVOCATE. ADV. SMT.LATHA KRISHNAN. RESPONDENT(S) 1. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1, TARIFF BAZAR, TOWN HALL ROAD, TIRUR-676 101. 2. COMMISSIONER OF INCOME TAX (APPEALS), KOZHIKODE. BY ADV. SRI.K.M.V.PANDALAI, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-03-2015, COURT ON SAME DAY DELIVERED FOLLOWING: rs. WP(C).No. 10338 of 2015 (N) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF ASSESSMENT ORDER DATED 25/02/2015 PASSED BY 1ST RESPONDENT. EXT.P2 COPY OF APPEAL FILED BY PETITIONER BEFORE 2ND RESPONDENT DATED 09/03/2015. EXT.P3 COPY OF STAY PETITION DATED 09/03/2015. EXT.P4 COPY OF PROCEEDINGS DATED 25/02/2015 OF 1ST RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs. A.K.JAYASANKARAN NAMBIAR, J. ................................................. W.P.(C) No.10338 of 2015 (N) ............................................... Dated this 31st day of March, 2015 JUDGMENT Against Ext.P1 assessment order 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 have been initiated against him through Ext.P4 demand notice, for recovery of amounts confirmed in assessment order. 2. I have heard Sri.K.Anand, learned counsel appearing for petitioner and Sri.K.M.V.Pandalai, learned standing counsel 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 Ext.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.10338 of 2015 (N) 2 Recovery steps initiated through Ext.P4 demand notice 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/01/04/ W.P.(C) No.10338 of 2015 (N) 3 Perinthalmanna Co-Operative Urban Bank Limited v. Assistant Commissioner of Income-tax, Circle 1, Tirur / Commissioner of Income-tax (Appeals), Kozhikode