The Kechery Service Co-Operative Bank Ltd. v. The Income-tax Officer, Ward-I And Tps, Guruvayur / The Commissioner of Income-tax (Appeals), Thrissur
[Citation -2019-LL-0716-26]
Citation | 2019-LL-0716-26 |
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Appellant Name | The Kechery Service Co-Operative Bank Ltd. |
Respondent Name | The Income-tax Officer, Ward-I And Tps, Guruvayur / The Commissioner of Income-tax (Appeals), Thrissur |
Court | HIGH COURT OF KERALA AT ERNAKULAM |
Relevant Act | Income-tax |
Date of Order | 16/07/2019 |
Judgment | View Judgment |
Keyword Tags | coercive steps • stay petition • recovery of tax |
Bot Summary: | No.19280 of 2019 2 JUDGMENT The petitioner filed appeal in Ext.P2 aggrieved by the order of assessment in Ext.P1 made under Section 80 P of the Income Tax Act 1961. 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. Perused Exts.P1, P2 and P3. Prima facie I am satisfied that a case is made out for issuing necessary directions to 2nd respondent to dispose of the stay petition in Ext.P3 respectively. 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. |