Kallumala Agricultural ... vs The ...

Citation : 2022 Latest Caselaw 5290 Ker
Judgement Date : 17 May, 2022

Kerala High Court
Kallumala Agricultural ... vs The ... on 17 May, 2022
W.P.C.No.16024/2022                       1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     TUESDAY, THE 17TH DAY OF MAY 2022 / 27TH VAISAKHA, 1944
                        WP(C) NO. 16024 OF 2022
PETITIONER:

             KALLUMALA AGRICULTURAL CO-OPERATIVE BANK LTD.
             N.H.W.14, KALLUMALA P.O., MAVELIKKARA, ALAPPUZHA-
             690 110, REPRESENTED BY ITS SECRETARY, BINDU.A.

             BY ADVS.
             HARISANKAR V. MENON
             MEERA V.MENON



RESPONDENTS:

     1       THE ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER
             OF INCOME TAX/INCOME TAX OFFICER
             NATIONAL FACELESS ASSESSMENT CENTRE, DELHI-110 001

     2       NATIONAL FACELESS APPEAL CENTRE,
             DELHI-110 001,
             REPRESENTED BY THE COMMISSIONER OF INCOME TAX
             (APPEALS)


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   17.05.2022,      THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.C.No.16024/2022                  2



                            JUDGMENT

Aggrieved by Exts.P1 and P2 orders of assessment relating to assessment year 2013-2014 and 2015-2016, petitioner has preferred appeals before the 2nd respondent, copy of which are produced as Exts.P3 and P4. Petitions for stay of proceedings pursuant to the assessment orders have also been filed as Exts.P5 and P6. Petitioner apprehends coercive proceedings to be effected even before the petition for stay is considered. Hence this writ petition.

2. Having considered the submissions of the counsel for the petitioner as well as the respondents, I am of the opinion that this writ petition itself can be disposed of with a direction.

3. Accordingly, there will be a direction to the 2 nd respondent to consider and pass orders on Exts.P5 and P6 stay petitions, within a period of two months from the date of receipt of a copy of this judgment. Till such a decision is taken, all coercive proceedings against the petitioner shall be kept in abeyance.

The writ petition is disposed of as above.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/17.5.22 W.P.C.No.16024/2022 3 APPENDIX OF WP(C) 16024/2022 PETITIONER EXHIBITS Exhibit P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2013-14 DATED 29.03.2022 Exhibit P2 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2015-16 DATED 27.03.2022 Exhibit P3 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT 2013-14 DATED 29.04.2022 Exhibit P4 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT 2015-16 DATED 29.04.2022 Exhibit P5 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT 2013-14 DATED 27.04.2022 Exhibit P6 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT 2015-16 DATED 27.04.2022