The Mayyanad Regional Co-Operative Bank Limited v. The Income-tax Appellate Authority (The Commissioner of Income-tax (Appeals), Thiruvananthapuram / Income Tax Officer, Ward No.4, Kollam
[Citation -2019-LL-1016-36]
| Citation | 2019-LL-1016-36 |
|---|---|
| Appellant Name | The Mayyanad Regional Co-Operative Bank Limited |
| Respondent Name | The Income-tax Appellate Authority (The Commissioner of Income-tax (Appeals), Thiruvananthapuram / Income Tax Officer, Ward No.4, Kollam |
| Court | HIGH COURT OF KERALA AT ERNAKULAM |
| Relevant Act | Income-tax |
| Date of Order | 16/10/2019 |
| Assessment Year | 2014-15, 2016-17 |
| Judgment | View Judgment |
| Keyword Tags | stay petition • demand notice |
| Bot Summary: | No.27437/2019 : 2 : JUDGMENT Against Exts.P2 and P3 assessment orders under the Income Tax Act, for the assessment years 2014-15 and 2016-17, the petitioner has preferred appeals before the First Appellate Authority, but the same were dismissed by Exts.P4 and P5 orders. Immediately thereafter, Ext.P6 demand notice was served on the petitioner for recovery of the amounts confirmed against the petitioner by the Appellate Authority. The limited prayer of the petitioner is for a direction to the respondents to refrain from pursuing recovery steps till such time as the petitioner prefers an appeal and stay petition before the Appellate Tribunal as permitted by the Statute. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I direct that if the petitioner prefers an appeal along with a stay petition before the W.P.(C). No.27437/2019 : 3 : Appellate Tribunal within one month from today, then the Appellate Tribunal shall proceed to consider the stay application preferred by the petitioner within a further period of two months from the date of receipt of the application from the petitioner. It is made clear that if the petitioner does not file the appeal and stay petition within the time granted in this judgment, he will lose the benefit of this judgment. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the respondents and the Income Tax Appellate Tribunal, for further action. |