Kollam District Police Department Employees Co Operative Society v. Income-tax Officer, Ward 2, Office of the Addl. CIT, Kollam Range, Kollam/The Commissioner of Income-tax (Appeals), Office of Chief CIT (Appeals), Thiruvananthapuram
[Citation -2020-LL-0313-94]

Citation 2020-LL-0313-94
Appellant Name Kollam District Police Department Employees Co Operative Society
Respondent Name Income-tax Officer, Ward 2, Office of the Addl. CIT, Kollam Range, Kollam/The Commissioner of Income-tax (Appeals), Office of Chief CIT (Appeals), Thiruvananthapuram
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 13/03/2020
Assessment Year 2017-18
Judgment View Judgment
Keyword Tags stay petition • recovery proceeding
Bot Summary: No. 7893 of 2020 Dated this the 13th day of March, 2020 JUDGMENT Aggrieved by Exhibit P1 assessment order for the year 2017-2018, the petitioner has preferred Exhibit P2 appeal before the 2 nd respondent. The petitioner has also filed Exhibit P3 stay petition seeking stay of the recovery proceedings based on Exhibit P1 order. The limited prayer in the writ petition is for expeditious consideration of either Exhibit P2 appeal or Exhibit P3 stay petition and to keep the recovery proceedings in abeyance till such time. Heard the learned Standing Counsel for the Income Tax Department also. Considering the limited relief sought for, I am inclined to dispose of the writ petition directing the 2nd respondent to consider Exhibit P3 stay petition and pass orders on merits within a period of two months from the date of receipt of a copy of this judgment. Till orders are passed on Exhibit P3, recovery proceedings based on Exhibit P1 assessment order shall be kept in abeyance.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941 WP(C).No.7893 OF 2020(J) PETITIONER/S: KOLLAM DISTRICT POLICE DEPARTMENT EMPLOYEES COOPERATIVE SOCIETY, NEAR S.P. OFFICE, KOLLAM, PIN-691001, REPRESENTED BY ITS SECRETARY, SANOJ.B.S., AGED 45 YEARS, S/O.M.BALAKRISHNA PILLAI. BY ADVS. SRI.A.JANI(KOLLAM) SMT.NISA FASIL(KOLLAM) SRI.SAJU WAHAB SMT.SUCHA BOSE S. RESPONDENT/S: 1 INCOME TAX OFFICER, WARD 2, OFFICE OF ADDITIONAL COMMISSIONER OF INCOME TAX, KOLLAM RANGE, AAYAKAR BHAVAN, KARBALA JUNCTION, KOLLAM-691001. 2 COMMISSIONER OF INCOME TAX (APPEALS), OFFICE OF CHIEF COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, KAWADIYAR JUNCTION, THIRUVANANTHAPURAM-695003. OTHER PRESENT: SC CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2020, COURT ON SAME DAY DELIVERED FOLLOWING: V.G.ARUN, J. W.P(C).No. 7893 of 2020 Dated this 13th day of March, 2020 JUDGMENT Aggrieved by Exhibit P1 assessment order for year 2017-2018, petitioner has preferred Exhibit P2 appeal before 2 nd respondent. petitioner has also filed Exhibit P3 stay petition seeking stay of recovery proceedings based on Exhibit P1 order. limited prayer in writ petition is for expeditious consideration of either Exhibit P2 appeal or Exhibit P3 stay petition and to keep recovery proceedings in abeyance till such time. 2. Heard learned Standing Counsel for Income Tax Department also. 3. Considering limited relief sought for, I am inclined to dispose of writ petition directing 2nd respondent to consider Exhibit P3 stay petition and pass orders on merits within period of two months from date of receipt of copy of this judgment. Till orders are passed on Exhibit P3, recovery proceedings based on Exhibit P1 assessment order shall be kept in abeyance. Sd/- V.G.ARUN, JUDGE vgs16.3 WP(C).No.7893 OF 2020(J) APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 13.12.2019 ISSUED BY FIRST RESPONDENT. EXHIBIT P2 TRUE COPY OF APPEAL AGAINST EXHIBIT P1 PREFERRED ON 10.1.2020 BEFORE SECOND RESPONDENT. EXHIBIT P3 TRUE COPY OF STAY PETITION IN EXHIBIT P2 APPEAL DATED 9.3.2020. Kollam District Police Department Employees Co Operative Society v. Income-tax Officer, Ward 2, Office of Addl. CIT, Kollam Range, Kollam/The Commissioner of Income-tax (Appeals), Office of Chief CIT (Appeals), Thiruvananthapuram
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