Koratty Service Co-Operative ... vs The Income Tax Officer
2021 Latest Caselaw 13257 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR. JUSTICE A.M.BADAR
       THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                        WP(C) NO. 12623 OF 2021
PETITIONER/S:

           KORATTY SERVICE CO-OPERATIVE BANK LIMITED
           KORATTY, THRISSUR, 680 308

           REPRESENTED BY ITS SECRETARY, SRI. SANIL KUMAR N.G

           BY ADVS.
           K.S.HARIHARAN NAIR
           G.REMADEVI
           RAJATH R NATH
           HARIMA HARIHARAN



RESPONDENT/S:

1          INCOME TAX OFFICER, WARD 2(2), AAYAKAR BHAVAN, SAKTHAN
           THAMPURAN NAGAR, THRISSUR PIN 680 001

2          THE ADDITIONAL/JOINT/DEPUTY/ASST.COMMISSIONER OF INCOME
           TAX/INCOME TAX OFFICER, NATIONAL E-ASSESSMENT CENTRE,
           DELHI - 110 001

3          COMMISSIONER OF INCOME TAX (APPEALS), NATIONAL FACELESS
           APPEAL CENTRE, DELHI 220 001

           SRI. JOSE JOSEPH, STANDING COUNSEL


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12623 OF 2021             2



                               JUDGMENT

Heard both sides.

2. As against the assessment order at Ext.P1, the petitioner has

preferred an appeal at Ext.P2 with a stay petition(Ext.P3) . It is the

case of the petitioner that despite pendency of the stay petition

alongwith the appeal, the respondents are resorting to initiate recovery

of the amount determined by the assessment order at Ext.P1.

3. Learned Standing Counsel appearing for the respondents

submits that the appellate authority can decide the appeal or atleast

the stay petition in a time bound manner and therefore, suitable order

can be passed in that regard.

4. Considering the facts and circumstances of the instant writ

petition, the same is disposed of with a direction to the 3 rd respondent

to decide the pending stay petition at Ext.P3, within a period of four

months from today, after hearing the petitioner. Needless to mention

that the petitioner shall co-operate with the respondents in expeditious

disposal of the stay petition as well as the appeal also. Till disposal of

this stay petition (Ext.P3) as directed by this Court, the respondents

shall not proceed to initiate and continue recovery proceedings for

recovering the amount determined by the assessment order at Ext.P1.

Learned Standing Counsel appearing for the respondents is directed to

communicate this judgment to the concerned respondent for

compliance.

Sd/-

A.M.BADAR

JUDGE

ajt

APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 - COPY OF ASSESSMENT ORDER DATED 31-03-2021 ISSUED BY THE 2ND RESPONDENT FOR THE ASSESSMENT YEAR 2018-19 EXHIBIT P2 - COPY OF APPEAL MEMORANDUM DATED 29-04-2021 AGAINST EXHIBIT P1 EXHIBIT P3 - COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 29-04-2021 IN EXHIBIT P2 APPEAL.