The Kundara Panchayath Service Co-Operative Bank Ltd. v. The Income-tax Officer Ward-4, Kollam Range, Kollam / The Commissioner of Income-tax (Appeals), Thiruvananthapuram/ The Registrar, Income-tax Appellate Tribunal, Cochin
[Citation -2019-LL-1016-34]

Citation 2019-LL-1016-34
Appellant Name The Kundara Panchayath Service Co-Operative Bank Ltd.
Respondent Name The Income-tax Officer Ward-4, Kollam Range, Kollam / The Commissioner of Income-tax (Appeals), Thiruvananthapuram/ The Registrar, Income-tax Appellate Tribunal, Cochin
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 16/10/2019
Assessment Year 2016-17
Judgment View Judgment
Keyword Tags stay petition • demand notice
Bot Summary: Aggrieved by the same, the petitioner preferred Ext.P5 appeal and Ext.P6 stay petition before the 3 rd respondent. It is the case of the petitioner that even prior to considering the stay petition, recovery steps are taken by the respondents against the petitioner for recovery of the amounts confirmed by Ext.P1 assessment order. I have heard Sri.T.R.Harikumar, the learned counsel appearing for the petitioner and Sri.Christopher Abraham, the learned Standing Counsel for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I dispose the writ petition with the following directions: 1. The 3rd respondent shall consider and pass reasoned orders on Ext.P6 stay petition within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner. Recovery steps pursuant to Ext.P7 Demand notice for recovery of amounts confirmed against the petitioner by Ext.P1 assessment order shall be kept in abeyance till such time as orders are passed by the 3 rd respondent as directed above and communicated to the petitioner. The petitioner shall produce a copy of the writ petition together W.P(C) No.27514/19 3 with a copy of this judgment, before the 3rd respondent, for further action.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, 16TH DAY OF OCTOBER 2019 / 24TH ASWINA, 1941 WP(C).No.27514 OF 2019(L) PETITIONER: KUNDARA PANCHAYATH SERVICE CO-OPERATIVE BANK LTD.NO.401 REPRESENTED BY ITS SECRETARY, KUNDARA P.O. KOLLAM DISTRICT 691 501. BY ADVS. SRI.T.R.HARIKUMAR SRI.ARJUN RAGHAVAN RESPONDENTS: 1 INCOME TAX OFFICER WARD-4, OFFICE OF ADDITIONAL COMMISSIONER OF INCOME TAX, KOLLAM RANGE, AAYAKAR BHAVAN, KARBALA JUNCTION, KOLLAM 691 001. 2 COMMIIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM 695 003. 3 REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, KENDRIYA BHAVAN, BLOCK NO. C1 AND C2 I ST FLOOR, KAKKANAD, COCHIN 682 030. OTHER PRESENT: GP-SMT. THUSHARA JAMES THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.10.2019, COURT ON SAME DAY DELIVERED FOLLOWING: W.P(C) No.27514/19 2 JUDGMENT Against Ext.P1 assessment order for assessment year 2016-2017 under Income Tax Act, petitioner has preferred Ext.P2 appeal before First Appellate Authority. said appeal was, however, dismissed by Ext.P4 order. Aggrieved by same, petitioner preferred Ext.P5 appeal and Ext.P6 stay petition before 3 rd respondent. Ext.P7 is demand notice. It is case of petitioner that even prior to considering stay petition, recovery steps are taken by respondents against petitioner for recovery of amounts confirmed by Ext.P1 assessment order. 2. I have heard Sri.T.R.Harikumar, learned counsel appearing for petitioner and Sri.Christopher Abraham, learned Standing Counsel for respondents. 3. On consideration of facts and circumstances of case as also submissions made across Bar, I dispose writ petition with following directions: 1. 3rd respondent shall consider and pass reasoned orders on Ext.P6 stay petition within period of one month from date of receipt of copy of this judgment, after hearing petitioner. 2. Recovery steps pursuant to Ext.P7 Demand notice for recovery of amounts confirmed against petitioner by Ext.P1 assessment order shall be kept in abeyance till such time as orders are passed by 3 rd respondent as directed above and communicated to petitioner. 3. petitioner shall produce copy of writ petition together W.P(C) No.27514/19 3 with copy of this judgment, before 3rd respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE okb //True copy// P.S. to Judge W.P(C) No.27514/19 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF ASSESSMENT ORDER FOR YEAR 2016-2017 DATED 28.12.2018. EXHIBIT P2 TRUE COPY OF ONLINE APPEAL FILED BEFORE 2ND RESPONDENT ON 25.1.2019, AGAINST EXT. P1 ASSESSMENT. ORDER. EXHIBIT P3 TRUE COPY OF JUDGMENT DATED 21.2.2019 IN WPC NO. 5070 OF 2019. EXHIBIT P4 TRUE COPY OF RELEVANT PAGES OF ORDER DATED 3.9.2019 IN ITA NO. 495/KLM/CIT (A) /TVM/2018-19 OF 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF APPEAL MEMORANDUM FIELD BEFORE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH ALONG WITH AFFIDAVIT AND CHELAN DATED 5.10.2019. EXHIBIT P6 TRUE COPY OF STAY PETITION FILED ALONG WITH EXT. P5 APPEAL. EXHIBIT P7 TRUE COPY OF NOTICE NO. W- 4/KLM/ARREAR DEMAND DATED 1/10/2019 ISSUED BY 1ST RESPONDENT. Kundara Panchayath Service Co-Operative Bank Ltd. v. Income-tax Officer Ward-4, Kollam Range, Kollam / Commissioner of Income-tax (Appeals), Thiruvananthapuram/ Registrar, Income-tax Appellate Tribunal, Cochin
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