The Akathethara Service Co-Operative Bank Ltd. v. The Income-tax Officer Ward-2, Palakkad / The Commissioner of Income-tax (Appeals), Thrissur / The Income-tax Appellate Tribunal, Kakkanadu / The Kerala State Co-Operative Bank
[Citation -2020-LL-0317-46]

Citation 2020-LL-0317-46
Appellant Name The Akathethara Service Co-Operative Bank Ltd.
Respondent Name The Income-tax Officer Ward-2, Palakkad / The Commissioner of Income-tax (Appeals), Thrissur / The Income-tax Appellate Tribunal, Kakkanadu / The Kerala State Co-Operative Bank
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 17/03/2020
Assessment Year 2017-18
Judgment View Judgment
Keyword Tags interim stay • application for stay
Bot Summary: No.8144 OF 2020(P) 2 JUDGMENT The petitioner has approached this Court seeking directions to the Income Tax Appellate Tribunal to consider Ext.P4 stay petition preferred along with the appeal, Ext.P3 against the orders of the assessment Ext.P1 and the first appellate court ie. The learned counsel appearing on behalf of the petitioner submits that the appeal and stay application have been filed on 9th March 2020. Post thereto received a garnishee notice Ext.P5. In these circumstances, the petitioner has approached this Court. The learned Government Pleader submits that the Tribunal would not have any difficulty in taking up the interim application but the appeals are being taken up on seniority basis. Without expressing any opinion on the merits of the matter, I dispose of the writ petition with a direction to the WP(C). No.8144 OF 2020(P) 3 3rd respondent to consider Ext.P4 interim application preferred along with the appeal in accordance with law, after affording an opportunity of hearing to the petitioner within a period of 30 days from the date of receipt of a copy of the order. It is made clear that the interim stay is till the disposal of the interim application and not beyond.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, 17TH DAY OF MARCH 2020 / 27TH PHALGUNA, 1941 WP(C).No.8144 OF 2020(P) PETITIONER/S: AKATHETHARA SERVICE CO-OPERATIVE BANK LTD, F-1514, AKATHETHARA POST, PALAKKAD 678 008, REPRESENTED BY ITS SECRETARY, SUBHA PRABHAKARA VARMA P. AGED 53, D/O.V.K. PRABHAKARA VARMA. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENT/S: 1 INCOME TAX OFFICER WARD-2, PALAKKAD 678 001. 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 REGISTRAR. 4 KERALA STATE CO-OPERATIVE BANK, ERST WHILE PALAKKAD DISTRICT CO-OPERATIVE BANK, TOWN BUS STAND ROAD, PALAKKAD 678 014, REPRESENTED BY ITS MANAGER. R4 BY SRI.M.SASINDRAN, SC, PALAKKAD DIST.CO.OP.BANK OTHER PRESENT: SRI JOSE JOSEPH SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.03.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.8144 OF 2020(P) 2 JUDGMENT petitioner has approached this Court seeking directions to Income Tax Appellate Tribunal to consider Ext.P4 stay petition preferred along with appeal, Ext.P3 against orders of assessment Ext.P1 and first appellate court ie., Commissioner of Income Tax (Appeals) Ext.P2. 2. learned counsel appearing on behalf of petitioner submits that appeal and stay application have been filed on 9th March 2020. However, post thereto received garnishee notice Ext.P5. In these circumstances, petitioner has approached this Court. 3. learned Government Pleader submits that Tribunal would not have any difficulty in taking up interim application but appeals are being taken up on seniority basis. 4. I have heard learned counsel for parties and appraised paper book. Without expressing any opinion on merits of matter, I dispose of writ petition with direction to WP(C).No.8144 OF 2020(P) 3 3rd respondent to consider Ext.P4 interim application preferred along with appeal in accordance with law, after affording opportunity of hearing to petitioner within period of 30 days from date of receipt of copy of order. Till such time, operation of garnishee notice, Ext.P5 is ordered to be kept in abeyance. It is made clear that interim stay is till disposal of interim application and not beyond. Sd/- AMIT RAWAL sab JUDGE WP(C).No.8144 OF 2020(P) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY 1ST RESPONDENT FOR YEAR 2017-18 DATED 26.12.2019. EXHIBIT P2 COPY OF APPELLATE ORDER ISSUED BY 1ST RESPONDENT FOR YEAR 2017-18 DATED 05.02.2020. EXHIBIT P3 COPY OF APPEAL FILED BY PETITIONER BEFORE 3RD RESPONDENT 2017-18 DATED 09.03.2020. EXHIBIT P4 COPY OF STAY PETITION FIELD BY PETITIONER BEFORE 3RD RESPONDENT DATED 09.03.2020. EXHIBIT P5 COPY OF NOTICE ISSUED BY 1ST RESPONDENT DATED 13.03.2020. Akathethara Service Co-Operative Bank Ltd. v. Income-tax Officer Ward-2, Palakkad / Commissioner of Income-tax (Appeals), Thrissur / Income-tax Appellate Tribunal, Kakkanadu / Kerala State Co-Operative Bank
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