The Kanjikode Service Co-Operative Bank Ltd. v. The ITO, Ward-1, Palakkad / The CIT (A), Thrissur / The ITAT, Kochi
[Citation -2020-LL-0305-51]

Citation 2020-LL-0305-51
Appellant Name The Kanjikode Service Co-Operative Bank Ltd.
Respondent Name The ITO, Ward-1, Palakkad / The CIT (A), Thrissur / The ITAT, Kochi
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 05/03/2020
Assessment Year 2010-11
Judgment View Judgment
Keyword Tags attachment proceedings • stay petition
Bot Summary: No.5681 OF 2020 -2- JUDGMENT 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 5 th February 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 WP(C). No.5681 OF 2020 -3- possession by making mention or otherwise before the ITAT. Be that as it may, considering the fact that no steps 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 THURSDAY, 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941 WP(C).No.5681 OF 2020(I) PETITIONER: KANJIKODE SERVICE CO-OPERATIVE BANK LTD. NO. F1199 KANJIKODE P.O., KANJIKODE, PALAKKAD-678 621, REPRESENTED BY ITS SECRETARY, GURU RAJALINGAM. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS: 1 INCOME TAX OFFICER, WARD 1, AYAKAR BAHVAN, PALAKKAD-678 014. 2 COMMISSIONER OF INCOME TAX (APPEALS), AYAKAR BHAVAN, THRISSUR-680 001. 3 INCOME TAX APPELLATE TRIBUNAL, AYAKAR BHAVAN, KAKKANADU, KOCHI-682 030, REPRESENTED BY ITS REIGSTRAR. OTHER PRESENT: GP DR.THUSHARA JAMES THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.03.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.5681 OF 2020 -2- JUDGMENT 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 5 th February 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 WP(C).No.5681 OF 2020 -3- possession by making mention or otherwise before ITAT. Be that as it may, considering fact that no steps 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 vv WP(C).No.5681 OF 2020 -4- APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY 1ST RESPONDENT FOR YEAR 2010-11. EXHIBIT P2 COPY OF ORDER ISSUED BY 2ND RESPONDENT FOR YEAR 2010-11. EXHIBIT P3 COPY OF APPEAL FILED BY PETITIONER BEFORE 3RD RESPONDENT -2010-11. EXHIBIT P4 COPY OF STAY PETITION FILED BY PETITIONER BEFORE 3RD RESPONDENT. TRUE COPY PA TO JUDGE Kanjikode Service Co-Operative Bank Ltd. v. ITO, Ward-1, Palakkad / CIT (A), Thrissur / ITAT, Kochi
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