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. 10488 of 2015 (I) PETITIONER THIRUVANANTHAPURAM SERVICE CO-OPERATIVE BANK LTD. GOVERNMENT PRESS ROAD, PUTHENCHANTHA, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS ASST. SECRETARY V.S.RAMESH. BY ADVS.SRI.S.ARUN RAJ SRI.P.DANIEL RESPONDENT(S): 1. INCOME TAX OFFICER, WARD-1 (1), AAYAKAR BHAVAN, TRIVANDRUM-695 003 2. COMMISSIONER OF INCOME TAX (APPS), OFFICE OF COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, TRIVANDRUM-695 003. R1 & R2 BY SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-03-2015, COURT ON SAME DAY DELIVERED FOLLOWING: sts WP(C).NO.10488/2015 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF ASSESSMENT ORDER DATED 26/2/2014 PASSED BY 1ST RESPONDENT AND DEMAND NOTICE FOR AY 2011-12 P2 COPY OF STATUTORY FIRST APPEAL FILED BY PETITIONER SOCIETY BEFORE SECOND RESPONDENT FOR AY 2011-12 P3 COPY OF STAY PETITION FILED BY PETITIONER SOCIETY BEFORE SECOND RESPONDENT FOR AY 2011-12 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO JUDGE sts A.K.JAYASANKARAN NAMBIAR, J. =========================================== W.P.(C). No. 10488 of 2015 ===================================================== Dated this 31st day of March, 2015 JUDGMENT Petitioner is assessee under Income Tax Act, 1961. Against Ext.P1 assessment order passed under Act, petitioner preferred Ext.P2 appeal and Ext.P3 stay petition before 2nd respondent. grievance of petitioner is that even before considering stay petition, respondents are taking steps to recover amounts confirmed against petitioner by Ext.P1 order. 2. I have heard learned counsel appearing for petitioner as also learned Government Pleader appearing for respondents. 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. recovery steps for recovery of amounts confirmed against petitioner by -2- W.P.(C). No. 10488 of 2015 Ext.P1 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 das Thiruvananthapuram Service Co-Operative Bank Ltd. v. Income-tax Officer, Ward-1(1), Trivandrum / Commissioner of Income-tax (Apps), Trivandrum