The Sholayur Service Co-Operative Bank Limited v. The Income-tax Officer, Ward 4, Palakkad/The Commissioner of Income-tax(Appeals), Thrissur/The Income-tax Appellate Tribunal, Kochi
[Citation -2020-LL-0304-52]

Citation 2020-LL-0304-52
Appellant Name The Sholayur Service Co-Operative Bank Limited
Respondent Name The Income-tax Officer, Ward 4, Palakkad/The Commissioner of Income-tax(Appeals), Thrissur/The Income-tax Appellate Tribunal, Kochi
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 04/03/2020
Assessment Year 2012-13
Judgment View Judgment
Keyword Tags attachment proceedings • stay petition
Bot Summary: No.6437 OF 2020 2 JUDGMENT Dated this the 4th day of March 2020 The grievance of the petitioner in the instant case is that against the order of assessment, Ext.P1 and appellate order Ext.P2, preferred a second appeal, Ext.P3 before the 3rd respondent ie. The Income Tax Appellate Tribunal along with the interim application, Ext.P4 dated 23rd January 2020, till such time, the contemplated coercive measures against the petitioner may be kept in abeyance. Counsel for the Revenue submits that the writ petition would not lie as the remedy for the petitioner is to press the pending stay application before the ITAT. Having heard the learned counsel for the parties and apprised the paper book, I am of the view that the pleadings are bereft of any steps for taking of possession by making mention or otherwise before the ITAT. Be that as it may, considering the fact that no steps WP(C). No.6437 OF 2020 3 of demand or attachment proceedings under Section 281 of the Income Tax Act have been initiated, I dispose of the writ petition with a direction to 3rd respondent to consider and pass appropriate orders on the application of stay in accordance with law, as expeditiously as possible within a period of 15 days from the date of receipt of a certified copy of this judgment.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, 04TH DAY OF MARCH 2020 / 14TH PHALGUNA, 1941 WP(C).No.6437 OF 2020(D) PETITIONER/S: SHOLAYUR SERVICE CO-OPERATIVE BANK LIMITED NO. P. 1169, KOTTATHARA.P.O, ATTAPPADI, MANNARKKAD,PALAKKAD-678581, REPRESENTED BY ITS SECRETARY, SANAL PAUL,AGED 38,S/O N.V.PAUL. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SMT.K.KRISHNA RESPONDENT/S: 1 INCOME TAX OFFICER, WARD 4,AYAKAR BHAVAN,PALAKKAD-678014. 2 COMMISSIONER OF INCOME TAX(APPEALS), THRISSUR-680021. 3 INCOME TAX APPELLATE TRIBUNAL, AYAKAR BHAVAN,KAKKANADU,KOCHI-682030, REPRESENTED BY ITS REGISTRAR. R1 TO R3 BY SC SRI CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.03.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.6437 OF 2020 2 JUDGMENT Dated this 4th day of March 2020 grievance of petitioner in instant case is that against order of assessment, Ext.P1 and appellate order Ext.P2, preferred second appeal, Ext.P3 before 3rd respondent ie., Income Tax Appellate Tribunal (ITAT) along with interim application, Ext.P4 dated 23rd January 2020, till such time, contemplated coercive measures against petitioner may be kept in abeyance. 2. Counsel for Revenue submits that writ petition would not lie as remedy for petitioner is to press pending stay application before ITAT. Having heard learned counsel for parties and apprised paper book, I am of view that pleadings are bereft of any steps for taking of possession by making mention or otherwise before ITAT. Be that as it may, considering fact that no steps WP(C).No.6437 OF 2020 3 of demand or attachment proceedings under Section 281 of Income Tax Act have been initiated, I dispose of writ petition with direction to 3rd respondent to consider and pass appropriate orders on application of stay in accordance with law, as expeditiously as possible within period of 15 days from date of receipt of certified copy of this judgment. Sd/- AMIT RAWAL JUDGE 07.03.2020 WP(C).No.6437 OF 2020 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY 1ST RESPONDENT FOR YEAR 2012-13 EXHIBIT P2 COPY OF APPELLATE ORDER ISSUED BY 1ST RESPONDENT FOR YEAR 2012-13 EXHIBIT P3 COPY OF APPEAL FILED BY PETITIONER BEFORE 3RD RESPONDENT 2012-13 EXHIBIT P4 COPY OF STAY PETITION FILED BY PETITIONER BEFORE 3RD RESPONDENT EXHIBIT P5 COPY OF ORDER ISSUED BY 1ST RESPONDENT Sholayur Service Co-Operative Bank Limited v. Income-tax Officer, Ward 4, Palakkad/The Commissioner of Income-tax(Appeals), Thrissur/The Income-tax Appellate Tribunal, Kochi
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