THE NATTAKAM SERVICE CO-OPERATIVE BANK LIMITED, NO.3839 vs. THE INCOME TAX OFFICER (TDS)

I have heard the learned counsel appearing for the petitioner and also the learned Standing counsel appearing for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I find that the petitioner has preferred Exts.P10 and P11 stay petitions before the 2nd respondent appellate authority and the said authority is in seisin of the same. Under the said circumstances, I am of the view that recovery proceedings pursuant to Exts.P1 and P3 orders can be kept in abeyance till such time as the first appellate authority considers the stay petition. Accordingly, I dispose the Writ Petition by directing the 2nd respondent to consider and WP(C).No.15042 OF 2020 3 pass orders on Exts.P10 and P11 stay petitions within four months from the date of receipt of a copy of this judgment, after hearing the petitioner. Recovery steps for recovery of amounts confirmed against the petitioner by Exts.P1 and P3 orders shall be kept in abeyance till such time as orders are passed by the 2nd respondent as directed above and communicated to the petitioner. Further, in view of the above directions to the appellate authority, Exts.P8 and P9 orders of the 1st respondent are quashed. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 2nd respondent, for further action. A.K.JAYASANKARAN NAMBIAR