IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE SATHISH NINAN WEDNESDAY, 29TH DAY OF JULY 2020 / 7TH SRAVANA, 1942 WP(C).No.7707 OF 2020(K) PETITIONER: KERALA STATE CO-OPERATIVE BANK LTD., (ERSTWHILE THRISSUR DISTRICT CO-OPERATIVE BANK LIMITED), THRISSUR, SAHAKARANA SATABDHI MANDIRAM, KOVILAKATHUMPADAM, THRISSUR - 680 022, REPRESENTED BY ITS DISTRICT MANAGER. BY ADV. SRI.P.C.SASIDHARAN, SC, THRISSUR DISTRICT CO.OPERATIVE BANK LTD. RESPONDENTS: 1 COMMISSIONER OF INCOME TAX (APPEALS), THRISSUR - 680 001. 2 DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2 (1), AYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR - 680 001. 3 STATE BANK OF INDIA, REPRESENTED BY ITS CHIEF MANAGER, MAIN BRANCH, THRISSUR- 680 001. SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.07.2020, COURT ON SAME DAY DELIVERED FOLLOWING: 2 WP(C).No.7707 OF 2020(K) JUDGMENT Challenging assessment for year 2017- 2018, petitioner has filed appeal before 1st respondent. appeal is accompanied by application for stay. 2. Pending appeal, Ext.P8 order was passed on stay petition, granting stay with rider directing petitioner to remit 20% of total demand. petitioner challenges said order. 3. Heard Sri.P.C.Sasidharan, learned counsel for petitioner and Sri.Jose Joseph, learned Standing Counsel for respondents. 4. perusal of Ext.P8 order shows that there is no discussion or reason stated as to why petitioner has been directed to remit 20% of demand. It is only proper that reasoned order be passed especially since petitioner seeks for unconditional stay. Fresh orders needs to be passed on stay petition. Necesssarily, petitioner shall also be heard before passing order. 3 WP(C).No.7707 OF 2020(K) Accordingly, Ext.P8 order is quashed. 1 st respondent is directed to pass fresh orders on stay petition, after hearing petitioner, as expeditiously as possible and at any rate, within period of two weeks from today. Sd/- SATHISH NINAN JUDGE rsr 4 WP(C).No.7707 OF 2020(K) APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 16/12/2019. EXHIBIT P2 TRUE COPY OF DEMAND NOTICE. EXHIBIT P3 TRUE COPY OF COMPUTATION SHEET. EXHIBIT P4 TRUE COPY OF APPEAL DATED 02/01/2020. EXHIBIT P5 TRUE COPY OF STAY PETITION. EXHIBIT P6 TRUE COPY OF JUDGMENT IN W.P.(C) 9506 0F 2019 DATED 27/03/2019. EXHIBIT P7 TRUE COPY OF JUDGMENT DATED 27/1/2020 IN W.P.(C) 2194 OF 2020. EXHIBIT P8 TRUE COPY OF ORDER DATED 05/03/2020. Kerala State Co-Operative Bank Ltd., (Erstwhile Thrissur District Co-Operative Bank Limited) v. Commissioner of Income-tax (Appeals), Thrissur / Deputy Commissioner of Income-tax, Circle 2(1), Thrissur / State Bank of India