Varapuzha Service Co-Operative Bank Ltd. v. The Income-tax Officer, Ward-3, Aluva / The Commissioner of Income-tax (Appeals), Kochi / The Assistant Registrar Income-tax Appellate Tribunal, Cochin
[Citation -2020-LL-0318-37]

Citation 2020-LL-0318-37
Appellant Name Varapuzha Service Co-Operative Bank Ltd.
Respondent Name The Income-tax Officer, Ward-3, Aluva / The Commissioner of Income-tax (Appeals), Kochi / The Assistant Registrar Income-tax Appellate Tribunal, Cochin
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 18/03/2020
Assessment Year 2013-14
Judgment View Judgment
Keyword Tags stay petition • demand notice • interim stay
Bot Summary: The second respondent vide Ext.P2 order dated 10.12.2019 dismissed the appeal. Against the aforementioned order, the petitioner preferred Ext.P3 Second Appeal dated 19.2.2020 and interim stay application dated 14.3.2020 before the third respondent. In the meantime, the assessing authority is contemplating to initiate coercive measures and the purpose of filing of the appeal only remained as a communication in the absence of consideration of the interim application. The learned counsel appearing on behalf of the Income Tax Authority, submits that the appeals are taking serial wise. There will not be any impediment W.P.(C) No.8546/2020 3 for the Tribunal to take the interim application in case an appropriate direction is issued fixing the timelines. Having heard the learned counsel for the parties and appraised the paper book, without expressing any opinion on the merits of the matter, I dispose of the Writ Petition with a direction to the third respondent to take necessary steps in considering the stay application within a period of two months from the date of receipt of a certified copy of this judgment and take a decision thereon accordance with law after affording an opportunity of hearing. It is made clear that the interim stay is till the disposal of the stay application.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 WP(C).No.8546 OF 2020(P) PETITIONER: M/s.VARAPUZHA SERVICE CO-OPERATIVE BANK LTD. VARAPUZHA, ERNAKULAM, PIN-683517 REPRESENTED BY ITS SECRETARY SMT.RUXANA BAI.S BY ADVS. SRI.T.M.SREEDHARAN (SR.) SRI.V.P.NARAYANAN SRI.R.BHASKARA KRISHNAN RESPONDENTS: 1 INCOME TAX OFFICER WARD-3, KAP COMMERCIAL COMPLEX, ALUVA RANGE, R.S.ROAD, ALUVA-683101 2 COMMISSIONER OF INCOME TAX (APPEALS) 28/243, POORNIMA , NEAR MANAORAMA JUNCTION, PANAMPILLY NAGAR, KOCHI-682036 3 ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, 1ST FLOOR, (BLOCK C-I & C-II), KENDRIYA BHAVAN, OPP.CSEZ, KAKKANAD, COCHIN-682037 SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2020, COURT ON SAME DAY DELIVERED FOLLOWING: W.P.(C) No.8546/2020 2 JUDGMENT petitioner, assessee of income tax, against assessment order dated 1.3.2016 pertaining to assessment year 2013-14, preferred appeal before second respondent. second respondent vide Ext.P2 order dated 10.12.2019 dismissed appeal. Against aforementioned order, petitioner preferred Ext.P3 Second Appeal dated 19.2.2020 and interim stay application dated 14.3.2020 before third respondent. In meantime, assessing authority is contemplating to initiate coercive measures and purpose of filing of appeal only remained as communication in absence of consideration of interim application. 2. learned counsel appearing on behalf of Income Tax Authority, submits that appeals are taking serial wise. However, there will not be any impediment W.P.(C) No.8546/2020 3 for Tribunal to take interim application in case appropriate direction is issued fixing timelines. Having 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 third respondent to take necessary steps in considering stay application within period of two months from date of receipt of certified copy of this judgment and take decision thereon accordance with law after affording opportunity of hearing. Till then, coercive measures contemplated to be taken or already taken are ordered to be kept in abeyance. It is made clear that interim stay is till disposal of stay application. Sd/- AMIT RAWAL JUDGE csl W.P.(C) No.8546/2020 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 01.03.2016 PASSED BY 1ST RESPONDENT FOR AY-2013-14 ALONG WITH DEMAND NOTICE EXHIBIT P2 TRUE COPY OF APPELLATE ORDER DATED 10.12.2019 IN ITA NO.2/ALY/CIT(A)- II/K/2016-17 PASSED BY 2ND RESPONDENT FOR AY-2013-14 EXHIBIT P3 TRUE COPY OF MEMORANDUM OF APPEAL DATED 19.02.2020 E-FILED BY PETITIONER BEFORE 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF STAY PETITION DATED 14.03.2020 FILED BY PETITIONER BEFORE 3RD RESPONDENT Varapuzha Service Co-Operative Bank Ltd. v. Income-tax Officer, Ward-3, Aluva / Commissioner of Income-tax (Appeals), Kochi / Assistant Registrar Income-tax Appellate Tribunal, Cochin
Report Error