THE NAGALASSERY SERVICE CO-OPERATIVE BANK LTD.NO.P.541 vs. THE INCOME TAX OFFICER

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WP(C)/8003/2019HC KeralaKLHC01020451201918 March 2019Bench: HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE3 pages
AI SummaryRemanded

What did the High Court hold?

The High Court of Kerala directed the 2nd respondent, the Commissioner of Income Tax (Appeals), to consider the stay application filed by the petitioner within a period of two months. The Court further ordered that all recovery proceedings based on the assessment order shall be kept in abeyance until the disposal of the stay application. The reasoning is based on the facts and circumstances of the case, aiming to provide interim relief to the petitioner pending the decision on their stay application. The operative direction is to dispose of the stay application within a stipulated time and to keep recovery proceedings in abeyance.

What were the facts?

The petitioner, The Nagalassery Service Co-operative Bank Ltd., filed an appeal against an assessment order (Ext.P1) before the Commissioner of Income Tax (Appeals) (2nd respondent). Along with the appeal, the petitioner also filed a stay application (Ext.P3) seeking to stay recovery proceedings. This writ petition was filed before the High Court of Kerala seeking a direction for the disposal of the stay application.

What were the issues?

1. Whether the 2nd respondent (Commissioner of Income Tax (Appeals)) should be directed to consider the stay application filed by the petitioner? (Question of procedure) Assessee's Contention: The petitioner bank, having filed an appeal and a stay application, seeks a direction for the timely disposal of the stay application. No specific authorities or precedents were mentioned in the provided text. Revenue's Contention: The judgment does not record any specific contentions from the revenue's side regarding the disposal of the stay application.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY ,THE 18TH DAY OF MARCH 2019 / 27TH PHALGUNA, 1940 WP(C).No. 8003 of 2019 PETITIONER/S: THE NAGALASSERY SERVICE CO-OPERATIVE BANK LTD.NO.P.541 CO-OPERATIVE BANK LTD.NO.P 541,KOOTTANAD, PATTAMBI,PALAKKAD-679533,REPRESENTED BY ITS SECRETARY,KRISHNAKUMAR.N,AGED 38, S/O.NARAYANAN NAIR. BY ADVS. SRI.HARISANKAR V. MENON SMT.K.KRISHNA SMT.MEERA V.MENON RESPONDENT/S: 1 THE INCOME TAX OFFICER WARD 3,AYAKAR BHAVAN,PALAKKAD-678014. 2 THE COMMISSIONER OF INCOME TAX(APPEALS), SAKTHAN NAGAR,THRISSUR-680021. OTHER PRESENT: THUSHARA JAMES GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 8003 of 2019 2 J U D G M E N T The petitioner, as against Ext.P1 assessment order, filed Ext.P2 appeal before the 2nd respondent. The petitioner also filed Ext.P3 stay application. Considering the facts and circumstances of the case, there shall be a direction to the 2nd respondent to consider the stay application filed by the petitioner within a period of two months, after issuing notice to the petitioner. Till disposal of the stay application, all recovery proceedings based on the assessment order shall be kept in abeyance. This writ petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE Dxy JUDGE

WP(C).No. 8003 of 2019 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2016-17. EXHIBIT P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2016-17. EXHIBIT P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2016-17.

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