Nadakkal Service Co-Operative Bank Ltd. v. Income-tax Officer, Ward-4, Kollam / Commissioner of Income-tax (Appeals)-1, Trivandrum / The Assistant Registrar, Income-tax Appellate Tribunal, Cochin Bench, Ernakulam
[Citation -2019-LL-1014-64]
| Citation | 2019-LL-1014-64 |
|---|---|
| Appellant Name | Nadakkal Service Co-Operative Bank Ltd. |
| Respondent Name | Income-tax Officer, Ward-4, Kollam / Commissioner of Income-tax (Appeals)-1, Trivandrum / The Assistant Registrar, Income-tax Appellate Tribunal, Cochin Bench, Ernakulam |
| Court | HIGH COURT OF KERALA AT ERNAKULAM |
| Relevant Act | Income-tax |
| Date of Order | 14/10/2019 |
| Assessment Year | 2015-16 |
| Judgment | View Judgment |
| Keyword Tags | stay petition • stay of recovery |
| Bot Summary: | No.27246/2019 : 2 : JUDGMENT The petitioner, who is an assessee under the Income Tax Act, being aggrieved by Ext.P1 assessment order, for the assessment year 2015-16, preferred an appeal before the First Appellate Authority. By Ext.P7 order, the First Appellate Authority dismissed the appeal preferred by the petitioner. Immediately thereafter, by Ext.P8 communication, a demand was made on the petitioner for payment of the entire tax confirmed against the petitioner by Ext.P7 order. It is the case of the petitioner that against Ext.P7 order, he has preferred Ext.P9 appeal and Ext.P10 stay petition before the 3 rd respondent Tribunal, and the limited prayer of the petitioner is for a direction to the 3rd respondent Tribunal to consider and pass orders on the stay petition, expeditiously, and to keep in abeyance the recovery proceedings, pursuant to Ext.P8, in the meanwhile. No.27246/2019 : 3 : On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition by directing the 3rd respondent Tribunal to consider and pass reasoned orders on Ext.P10 stay petition within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. Recovery steps, pursuant to Ext.P8 revenue recovery notice, for recovery of amounts confirmed against the petitioner by Ext.P7 appellate order, shall be kept in abeyance till such time as orders are passed by the 3 rd respondent, as directed, and communicated to the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 3rd respondent, for further action. |