The Mannarkkad Taluk Co-Op. Employees Co-Operative Society Ltd. v. The Income-tax Officer Ward 4, Palakkad / The Commissioner of Income-tax, (Appeals), Thrissur / the Income Tax Appellate Tribunal, Kochi
[Citation -2020-LL-1005-14]

Citation 2020-LL-1005-14
Appellant Name The Mannarkkad Taluk Co-Op. Employees Co-Operative Society Ltd.
Respondent Name The Income-tax Officer Ward 4, Palakkad / The Commissioner of Income-tax, (Appeals), Thrissur / the Income Tax Appellate Tribunal, Kochi
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 05/10/2020
Assessment Year 2016-17
Judgment View Judgment
Keyword Tags stay petition
Bot Summary: No.20689 OF 2020(I) 2 JUDGMENT Dated this the 5th day of October 2020 This writ petition is filed seeking the following prayer: To direct the 3rd respondent to dispose of Ext.P3 appeal and Ext.P4 stay petition by the issue of a writ of mandamus or such other writ or order or direction. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents. It is submitted by the learned counsel for the petitioner that as against Ext.P1 order of assessment, the petitioner has submitted Ext.P3 appeal and Ext.P4 stay petition before the 3 rd respondent. It is submitted that hasty steps are being taken for recovery of amounts on the basis of Ext.P1, without considering the appeal or the application for stay. The learned Standing Counsel submits that the appeal preferred by the petitioner will be considered and disposed of without delay. There will, accordingly, be a direction to the 3 rd respondent to take up, consider and pass appropriate orders on Ext.P3 appeal, after WP(C). Coercive proceedings pursuant to Ext.P1 shall be kept in abeyance till then.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, 05TH DAY OF OCTOBER 2020 / 13TH ASWINA, 1942 WP(C).No.20689 OF 2020(I) PETITIONER: MANNARKKAD TALUK CO-OP. EMPLOYEES CO-OPERATIVE SOCIETY LTD NO. P 629, MANNARKKAD, PALAKKAD 678 582, REPRESENTED BY ITS SECRETARY, P.K. MOHANDAS. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS: 1 INCOME TAX OFFICER WARD 4, AYAKAR BHAVAN, PALAKKAD 678 014. 2 COMMISSIONER OF INCOME TAX, (APPEALS), THRISSUR 680 021. 3 INCOME TAX APPELLATE TRIBUNAL, AYAKAR BHAVAN, KAKKANADU, KOCHI 682 030, REPRESENTED BY ITS REGISTRAR. THUSHARA V JAMES GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.10.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.20689 OF 2020(I) 2 JUDGMENT Dated this 5th day of October 2020 This writ petition is filed seeking following prayer: To direct 3rd respondent to dispose of Ext.P3 appeal and Ext.P4 stay petition by issue of writ of mandamus or such other writ or order or direction. 2. Heard learned counsel for petitioner and learned Standing Counsel appearing for respondents. 3. It is submitted by learned counsel for petitioner that as against Ext.P1 order of assessment, petitioner has submitted Ext.P3 appeal and Ext.P4 stay petition before 3 rd respondent. It is submitted that hasty steps are being taken for recovery of amounts on basis of Ext.P1, without considering appeal or application for stay. 4. learned Standing Counsel submits that appeal preferred by petitioner will be considered and disposed of without delay. There will, accordingly, be direction to 3 rd respondent to take up, consider and pass appropriate orders on Ext.P3 appeal, after WP(C).No.20689 OF 2020(I) 3 hearing parties, within period of six months from date of receipt of copy of this judgment. Coercive proceedings pursuant to Ext.P1 shall be kept in abeyance till then. This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE SVP WP(C).No.20689 OF 2020(I) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY 1ST RESPONDENT FOR YEAR 2016-17 DATED 28.12.2018. EXHIBIT P2 COPY OF APPELLATE ORDER ISSUED BY 2ND RESPONDENT FOR YEAR 2016-17 DATED 15.9.2020. EXHIBIT P3 COPY OF APPEAL FILED BY PETITIONER BEFORE 3RD RESPONDENT FOR YEAR 2016-17 DATED 26.09.2020. EXHIBIT P4 COPY OF STAY PETITION FILED BY PETITIONER BEFORE 3RD RESPONDENT DATED 26.09.2020. Mannarkkad Taluk Co-Op. Employees Co-Operative Society Ltd. v. Income-tax Officer Ward 4, Palakkad / Commissioner of Income-tax, (Appeals), Thrissur / Income Tax Appellate Tribunal, Kochi
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