The Sreekrishnapuram Service Co-Operative Bank Ltd. v. The Assistant Commissioner of Income-tax, Circle-I, Palakkad / The Commissioner of Income-tax (Appeals), / The Deputy Commissioner of Income-tax, Circle-I, Palakkad
[Citation -2019-LL-0712-94]
| Citation | 2019-LL-0712-94 |
|---|---|
| Appellant Name | The Sreekrishnapuram Service Co-Operative Bank Ltd. |
| Respondent Name | The Assistant Commissioner of Income-tax, Circle-I, Palakkad / The Commissioner of Income-tax (Appeals), / The Deputy Commissioner of Income-tax, Circle-I, Palakkad |
| Court | HIGH COURT OF KERALA AT ERNAKULAM |
| Relevant Act | Income-tax |
| Date of Order | 12/07/2019 |
| Assessment Year | 2015-16 |
| Judgment | View Judgment |
| Keyword Tags | co-operative bank • filing of appeal • statutory appeal • pending appeal • coercive steps • stay petition |
| Bot Summary: | No.19115 of 2019 JUDGMENT The petitioner filed appeal in Ext.P2 aggrieved by the orders of assessment in Ext.P1 made under Section 25(1) of the KVAT Act. The petitioner has filed the appeal with a stay petition in Ext.P3. The petitioner prays for appropriate direction to the appellate authority to consider and dispose of Ext.P3 expeditiously. The case of petitioner is that either the mere filing of appeal or mere pendency of appeal does not amount to granting stay by the appellate authority. The delay in considering and disposing of Ext.P3 results in the assessing officer taking steps for recovering the tax amount which is under challenge in Ext.P2. The assessing officer, if is successful in his effort the statutory appeal would become either academic or ineffective. It is further contended by the petitioner that in the manner the law provides for protecting the interest of appellant pending appeal, the order on stay petition is passed expeditiously. P1, P2 and P3. Prima facie I am satisfied that a case is made out for issuing necessary directions to 2 nd respondent to dispose of the stay petition in Ext.P3. Having regard to the limited prayer and the grounds referred to above, this Court is satisfied that the writ petition can be disposed of by this order: The appellate authority/ 2nd respondent considers and disposes of Ext.P3 application as early as possible, preferably within two months from the date of receipt of copy of this judgment. The respondents are directed not to take coercive steps or recover the amounts determined in the orders under appeal for ten weeks from today. |