India Coffee Board Workers' Co-Operative Society Ltd. v. The Income-tax Officer, Ward-2(2) Range - 2, Thrissur / The Commissioner of Income-tax (Appeals), Thrissur
[Citation -2015-LL-0409-38]

Citation 2015-LL-0409-38
Appellant Name India Coffee Board Workers' Co-Operative Society Ltd.
Respondent Name The Income-tax Officer, Ward-2(2) Range - 2, Thrissur / The Commissioner of Income-tax (Appeals), Thrissur
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 09/04/2015
Judgment View Judgment
Keyword Tags demand notice • stay petition


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT: HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 WP(C).No. 11994 of 2015 (Y) PETITIONER(S): M/S. INDIA COFFEE BOARD WORKERS' CO-OPERATIVE SOCIETY LTD., MACHINGAL LANE, MG ROAD, PB NO. 184, THRISSUR- 680 001 REPRESENTED BY ITS PRESIDENT SHRI JOJI E.S. BY ADVS.SRI.T.M.SREEDHARAN (SR.) SRI.V.P.NARAYANAN SMT.DIVYA RAVINDRAN RESPONDENT(S): 1. INCOME TAX OFFICER, WARD- 2(2) RANGE - 2, THRISSUR- 680 001 2. COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAVAN, SHAKTHAN THAMPURAN NAGAR THRISSUR- 680 001 R BY SRI.JOSE JOSEPH, STANDING COUNSEL, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-04-2015, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No. 11994 of 2015 (Y) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT - P1 TRUE COPY OF ASST. ORDER ALONG WITH DEMAND NOTICE DATED 18.03.2015 PASSED BY FIRST RESPONDENT. EXHIBIT - P2 TRUE COPY OF MEMORANDUM OF APPEAL DATED 04.04.2015 SUBMITTED BY PETITIONER BEFORE SECOND RESPONDENT. EXHIBIT - P2(a)TRUE COPY OF STAY PETITION DATED 04.04.2015 SUBMITTED BY PETITIONER BEFORE SECOND RESPONDENT. RESPONDENT'S EXHIBITS:- -------------------------------------------- NIL // True copy // PA to Judge das A.K.JAYASANKARAN NAMBIAR, J. =========================================== W.P.(C). No. 11994 of 2015 ===================================================== Dated this 9th day of April, 2015 JUDGMENT Petitioner is assessee under Income Tax Act, 1961. Against Ext.P1 assessmet order passed under Act, petitioner preferred Ext.P2 appeal and Ext.P2(a) 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. 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.P2(a) 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 Ext.P1 order, shall be kept in abeyance till such time as 2nd -2- W.P.(C). No. 11994 of 2015 respondent passes orders, as directed, in Ext.P2(a) stay petition and communicates same to petitioner. sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das \ India Coffee Board Workers' Co-Operative Society Ltd. v. Income-tax Officer, Ward-2(2) Range - 2, Thrissur / Commissioner of Income-tax (Appeals), Thrissur
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