Umayanalloor Service Co Operative Bank v. The ITA Authority (The CIT (A)), Thiruvananthapuram/ITA, Ward-4, Kollam/The ICICI Bank, Kottiyam Branch/The District Co-Op Bank/The District Co-Op Bank/State Bank of India
[Citation -2019-LL-1210-23]

Citation 2019-LL-1210-23
Appellant Name Umayanalloor Service Co Operative Bank
Respondent Name The ITA Authority (The CIT (A)), Thiruvananthapuram/ITA, Ward-4, Kollam/The ICICI Bank, Kottiyam Branch/The District Co-Op Bank/The District Co-Op Bank/State Bank of India
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 10/12/2019
Assessment Year 2010-11, 2011-12, 2012-13, 2013-14, 2014-15
Judgment View Judgment
Keyword Tags appellate order • stay petition
Bot Summary: The assessments of the petitioner for the years 2010-11, 2011- 12, 2012-13, 2013-14, 2014-15 have been rectified in terms of Exts.P1 to P5 orders. The petitioner has also preferred stay petitions along with Exts.P6 to P10 appeals. The grievance of the petitioner in the writ petition concerns the inaction on the part of the first respondent in taking a decision on the stay petitions preferred along with Exts.P6 to P10 appeals. The petitioner seeks appropriate directions in this regard in the writ petition. Heard the learned counsel for the petitioner as also the learned Standing Counsel for the Income Tax Department. No.33731 OF 2019(N) 3 case as also the orders passed by this court in similar and identical writ petitions, I deem it appropriate to dispose of the writ petition directing the first respondent to consider and pass orders on the stay petitions preferred by the petitioner along with Exts.P6 to P10 appeals, within two weeks from the date of production/receipt of a copy of this judgment. Needless to say that until orders are passed as directed, status quo shall be maintained by respondents 3 and 4 Banks as regards the accounts of the petitioner therein are concerned.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE P.B.SURESH KUMAR TUESDAY, 10TH DAY OF DECEMBER 2019 / 19TH AGRAHAYANA, 1941 WP(C).No.33731 OF 2019(N) PETITIONER: UMAYANALLOOR SERVICE CO OPERATIVE BANK UMAYANALLOOR P.O.,KOLLAM DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADVS. SRI.V.JAYAPRADEEP SMT.ANN SUSAN GEORGE SMT.O.A.NURIYA SRI.ALAN PRIYADARSHI DEV RESPONDENTS: 1 INCOME TAX APPELLATE AUTHORITY (THE COMMISSIONER OF INCOME TAX (APPEALS), THIRUVANANTHAPURAM-695 003. 2 INCOME TAX OFFICER, WARD NO 4, KOLLAM-691 001. 3 FEDERAL BANK,KOTTIYAM BRANCH, REPRESENTED BY BRANCH MANAGER, KOLLAM-691 571 4 ICICI BANK,KOTTIYAM BRANCH, REPRESENTED BY BRANCH MANAGER, KOLLAM-691 571 5 DISTRICT CO-OPERATIVE BANK, REPRESENTED BY BRANCH MANAGER, KOLLAM-691 571 6 DISTRICT CO-OPERATIVE BANK, REPRESENTED BY BRANCH MANAGER, PALLIMUKKU, KOLLAM-691 001. 7 DISTRICT CO-OPERATIVE BANK, REPRESENTED BY BRANCH MANAGER,KOTTIYAM, KOLLAM- 691 571. 8 STATE BANK OF INDIA, REPRESENTED BY BRANCH MANAGER, KOTTIYAM, KOLLAM- 691 571. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.12.2019, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.33731 OF 2019(N) 2 W.P.(C) No.33731 of 2019 ----------------------------------------- JUDGMENT petitioner is assessee under Income Tax Act (the Act). assessments of petitioner for years 2010-11, 2011- 12, 2012-13, 2013-14, 2014-15 have been rectified in terms of Exts.P1 to P5 orders. Aggrieved by Exts.P1 to P5 orders, petitioner preferred Exts.P6 to P10 appeals under Section 253(1) of Act. petitioner has also preferred stay petitions along with Exts.P6 to P10 appeals. grievance of petitioner in writ petition concerns inaction on part of first respondent in taking decision on stay petitions preferred along with Exts.P6 to P10 appeals. It is alleged by petitioner that in meanwhile, steps have been taken for realisation of amounts covered by Exts.P1 to P5 orders. petitioner, therefore, seeks appropriate directions in this regard in writ petition. 2. Heard learned counsel for petitioner as also learned Standing Counsel for Income Tax Department. 3. Having regard to facts and circumstances of WP(C).No.33731 OF 2019(N) 3 case as also orders passed by this court in similar and identical writ petitions, I deem it appropriate to dispose of writ petition directing first respondent to consider and pass orders on stay petitions preferred by petitioner along with Exts.P6 to P10 appeals, within two weeks from date of production/receipt of copy of this judgment. Ordered accordingly. Needless to say that until orders are passed as directed, status quo shall be maintained by respondents 3 and 4 Banks as regards accounts of petitioner therein are concerned. All other issues are left open. Sd/- P.B.SURESH KUMAR Mn JUDGE WP(C).No.33731 OF 2019(N) 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 COPY OF APPELLATE ORDER DATED 03.09.2019 FOR ASSESSMENT YEAR 2010-11 EXHIBIT P2 COPY OF APPELLATE ORDER DATED 03.09.2019 FOR ASSESSMENT YEAR 2011-12 EXHIBIT P3 COPY OF APPELLATE ORDER DATED 03.09.2019 FOR ASSESSMENT YEAR 2012-13 EXHIBIT P4 COPY OF APPELLATE ORDER DATED 03.09.2019 FOR ASSESSMENT YEAR 2013-14 EXHIBIT P5 COPY OF APPELLATE ORDER DATED 03.09.2019 FOR ASSESSMENT YEAR 2014-15 EXHIBIT P6 COPY OF APPEAL DATED 13.11.2019 FOR ASSESSMENT YEAR 2010-11 EXHIBIT P7 COPY OF APPEAL DATED 13.11.2019 FOR ASSESSMENT YEAR 2011-12 EXHIBIT P8 COPY OF APPEAL DATED 13.11.2019 FOR ASSESSMENT YEAR 2012-13 EXHIBIT P9 COPY OF APPEAL DATED 13.11.2019 FOR ASSESSMENT YEAR 2013-14 EXHIBIT P10 COPY OF APPEAL DATED 13.11.2019 FOR ASSESSMENT YEAR 2014-15 EXHIBIT P11 COPY OF NOTICE OF TRIBUNAL DATED 25.11.2019 EXHIBIT P12 COPY OF LETTER OF PETITIONER DATED 15.11.2019 EXHIBIT P13 COPY OF LETTER OF PETITIONER DATED 07.12.2019 EXHIBIT P14 COPY OF ORDER OF 2ND RESPONDENT DATED 22.11.2019 EXHIBIT P15 COPY OF ORDER OF 2ND RESPONDENT DATED 25.11.2019 //TRUE COPY// PA TO JUDGE Umayanalloor Service Co Operative Bank v. ITA Authority (The CIT (A)), Thiruvananthapuram/ITA, Ward-4, Kollam/The ICICI Bank, Kottiyam Branch/The District Co-Op Bank/The District Co-Op Bank/State Bank of India
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