Santhigram Service Co-operative Bank Ltd. v. The Income-tax Officer, Non-Corporate Ward-II, Thodupuzha / The Central Board of Direct Taxes, New Delhi
[Citation -2017-LL-0615-10]

Citation 2017-LL-0615-10
Appellant Name Santhigram Service Co-operative Bank Ltd.
Respondent Name The Income-tax Officer, Non-Corporate Ward-II, Thodupuzha / The Central Board of Direct Taxes, New Delhi
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 15/06/2017
Judgment View Judgment
Keyword Tags interim stay
Bot Summary: A.K.JAYASANKARAN NAMBIAR, J. W.P.(C) No.6942 of 2017 Dated this the 15th day of June, 2017 JUDGMENT The petitioner has approached this Court aggrieved by Ext.P2 order of assessment, passed against him by the 1st respondent. The learned counsel for the petitioner submits that the petitioner is prepared to prefer an appeal before the appellate authority, so long as the stay already granted by this Court continues to be in force till such time as the appellate authority disposes the appeal. I have heard the learned counsel for the petitioner and the learned Standing Counsel 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 the following directions: 1. If the petitioner files an appeal W.P.(c). The interim stay against recovery of the amounts confirmed against the petitioner by Ext.P2 assessment order shall continue to be in force, till such time as orders are passed by the appellate authority in the appeal to be filed by the petitioner. The petitioner shall produce a copy of the writ petition along with a copy of this judgment, before the respondents, for further action.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT: HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, 15TH DAY OF JUNE 2017/25TH JYAISHTA, 1939 WP(C).No. 6942 of 2017 (P) PETITIONER(S): M/S. SANTHIGRAM SERVICE CO-OPERATIVE BANK LTD. NO.K-280, ERATTAYAR. P.O., KATTAPPANA, IDUKKI DISTRICT, REPRESENTED BY ITS SECRETARY , K.P. RAJASEKHARA PILLAI. BY ADVS.SRI.HARISANKAR V. MENON, SMT.MEERA V.MENON. RESPONDENT(S): 1. INCOME TAX OFFICER, NON-CORPORATE WARD-II, MAHIMA TOWER, TEMPLE BYE PASS ROAD, THODUPUZHA-685 584. 2. CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI-110 001, REPRESENTED BY ITS CHAIRMAN. BY SRI.K.M.V.PANDALAI, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-06-2017, COURT ON SAME DAY DELIVERED FOLLOWING: rs. WP(C).No. 6942 of 2017 (P) APPENDIX PETITIONER'S EXHIBITS:- P1 COPY OF JUDGMENT IN ITA NO.212/2013 OF THIS HON'BLE COURT DATED 15/02/2016. P2 COPY OF ASSESSMENT ORDER ISSUED BY 1ST RESPONDENT DATED 19/12/2016. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs. A.K.JAYASANKARAN NAMBIAR, J. W.P.(C) No.6942 of 2017 Dated this 15th day of June, 2017 JUDGMENT petitioner has approached this Court aggrieved by Ext.P2 order of assessment, passed against him by 1st respondent. I note that, when writ petition came up for admission, this Court had granted interim stay against assessment order for period of two weeks from date of order, and said interim stay has been extended from time to time, and continues to be in force even today. learned counsel for petitioner submits that petitioner is prepared to prefer appeal before appellate authority, so long as stay already granted by this Court continues to be in force till such time as appellate authority disposes appeal. 2. I have heard learned counsel for petitioner and learned Standing Counsel for respondents. 3. On consideration of facts and circumstances of case and submissions made across bar, I dispose writ petition with following directions: 1. If petitioner files appeal W.P.(c).No.6942 of 2017 :2: against Ext.P2 assessment order within period of two weeks from date of receipt of copy of this judgment, then appellate authority under Income Tax Act, shall consider appeal and pass orders thereon, in accordance with law. 2. interim stay against recovery of amounts confirmed against petitioner by Ext.P2 assessment order shall continue to be in force, till such time as orders are passed by appellate authority in appeal to be filed by petitioner. 3. petitioner shall produce copy of writ petition along with copy of this judgment, before respondents, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE sm/ Santhigram Service Co-operative Bank Ltd. v. Income-tax Officer, Non-Corporate Ward-II, Thodupuzha / Central Board of Direct Taxes, New Delhi
Report Error