M/S.KARAKULAM SERVICE CO-OPERATIVE BANK LTD., vs. THE INCOME TAX OFFICER,

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI FRIDAY, THE 29TH DAY OF MARCH 2019 / 8TH CHAITHRA, 1941 WP(C).No. 9910 of 2019 PETITIONER/S: M/S.KARAKULAM SERVICE CO-OPERATIVE BANK LTD., KP-1/382, KARAKULAM P.O., NEDUMANGAD, THIRUVANANTHAPURAM-695564, REPRESENTED BY ITS SECRETARY SHRI K. PADMAKUMAR. BY ADVS. SRI.T.M.SREEDHARAN (SR.) SMT.DIVYA RAVINDRAN SRI.V.P.NARAYANAN RESPONDENT/S: 1 THE INCOME TAX OFFICER, WARD 2(3), THIRUVANANTHAPURAM-695003. 2 THE COMMISSIONER OF INCOME TAX (APPEALS), 2ND FLOOR, AAYAKARA BHAVAN, KOWDIAR, THIRUVANANTHAPURAM-695003. 3 THE GENERAL MANAGER, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, EAST FORT, THIRUVANANTHAPURAM-695023. SC SRI. CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 9910 of 2019 2 JUDGMENT Heard Sri.V.P.Narayanan, the learned counsel for the petitioner and Sri.Christopher Abraham, the learned Standing Counsel for the respondents. 2. The petitioner prays for a direction to the second respondent to consider and dispose of Ext.P3 appeal and Ext.P4 stay petition expeditiously. 3. Having regard to the circumstances of the case, the writ petition is disposed of directing the second respondent to consider and dispose of Exts.P3 appeal within three months and Ext.P4 stay petition as expeditiously as possible, preferably within two months from the date of receipt of a copy of this judgment. Recovery proceedings pursuant to the orders under appeal before the second respondent are stayed for three months from today. Sd/- S.V.BHATTI JUDGE Ac

WP(C).No. 9910 of 2019 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION NO.E 17/2013 DATED 14/02/2013 GRANTED BY THE ASSISTANT REGISTRAR (GENERAL), NEDUMANGAD, UNDER THE KERALA CO-OPERATIVE SOCIETIES ACT. EXHIBIT P2 A TRUE COPY OF THE ASSESSMENT ORDER DATED 24/12/2018 ALONG WITH COMPUTATION OF INCOME AND DEMAND NOTICE PASSED BY THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 24/01/2019 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE STAY PETITION FILED BEFORE THE 2ND RESPONDENT DATED 08/01/2019. EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 21/03/2019 U/S. 226(3) ISSUED BY THE 1ST RESPONDENT. EXHIBIT P6 TRUE COPY OF THE LETTER DATED 22/03/2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P7 TRUE COPY OF THE CHALAN RECEIPT DATED 22/03/2019. EXHIBIT P8 TRUE COPY OF THE CIRULAR NO.404/72/93- ITCC ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE DEPARTMENT OF REVENUE, CBDT DATED 31/07/2017. RESPONDENTS'S EXHIBITS: NIL