THE KONGAD SERVICE CO-OPERATIVE BANK LTD vs. THE INCOME TAX OFFICER

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR TUESDAY, THE 20TH DAY OF MARCH 2018 / 29TH PHALGUNA, 1939 WP(C).No. 6116 of 2018 --------------------- PETITIONER(S) THE KONGAD SERVICE CO-OPERATIVE BANK LTD, KONGAD P.O, PALAKKAD - 678 631, REPRESENTED BY ITS SECRETARY, SHYLA K. BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SMT.K.KRISHNA RESPONDENT(S): 1. THE INCOME TAX OFFICER INCOME TAX DEPARTMENT, WARD NO.1, PALAKKAD - 678 001. 2. THE COMMISSIONER OF INCOME TAX (APPEALS) INCOME TAX DEPARTMENT, THRISSUR - 680 001.

BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-03-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DXY

WP(C).No. 6116 of 2018 (L)

APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2012-13 DATED 31.03.2015. EXHIBIT P1(A) COPY OF ASSESSMENT ORDER FOR THE YEAR 2013-14 ISSUED BY 1ST RESPONDENT DATED 24.03.2016. EXHIBIT P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 24.04.2015. EXHIBIT P2(A) COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 05.04.2016. EXHIBIT P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 24.04.2015. EXHIBIT P3(A) COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 05.04.2016. EXHIBIT P4 COPY OF ORDER ISSUED BY THE 1ST RESPONDENT DATED 26.10.2015. RESPONDENT(S)'EXHIBITS: NIL \\TRUE COPY\\ PA TO JDUGE DXY

P.B.SURESH KUMAR, J. -------------------------------------------- W.P.(C).No.6116 of 2018 --------------------------------------------------------------- Dated this the 20th day of March, 2018 J U D G M E N T

Petitioner is a Co-operative Society registered under the Kerala Co-operative Societies Act, 1969 and an assessee under the Income Tax Act (the Act). The self assessments made by the petitioner for the years 2012-'13 and 2013-'14 have been revised in terms of Exts.P1 and P1(a) orders by the competent authority under Section 143(3) of the Act. Aggrieved by Exts.P1 and P1(a) orders, the petitioner preferred Exts.P2 and P2(a) appeals before the second respondent. Exts.P3 and P3(a) are the stay petitions preferred by the petitioner in Ext.P2 series appeals. Ext.P3 stay petition has been disposed of by the

W.P.(c).No.6116 of 2018 : 2 : Appellate Authority as per Ext.P4 order, granting the stay sought for by the petitioner, on condition that the petitioner shall pay 50% of the amount covered by Ext.P1 assessment order. Ext.P3(a) stay petition is yet to be considered. Petitioner challenges Ext.P4 order and also seeks directions to the second respondent to take a decision on Ext.P3(a) stay petition. 2. Heard the learned counsel for the petitioner as also the learned Standing Counsel for the Revenue. 3. It is seen that Ext.P4 is an order passed as early as on 26/10/2015. Petitioner has not challenged Ext.P4 order for almost two and a half years. In the circumstances, I am not inclined to entertain the writ petition, in so far as it relates to the challenge against Ext.P4 order. As regards the prayer sought in respect of Ext.P3(a) stay petition, identical matter is seen considered by this Court in Chirakkal Service Co-operative Bank Ltd. v. Commissioner of Income Tax [2016 (2) KLT 535]. In the circumstances, the writ petition is disposed

W.P.(c).No.6116 of 2018 : 3 : of directing the second respondent to take up and pass orders on Ext.P3(a) stay petition, in the light of Chirakkal Service Co-operative Bank Ltd (supra). This shall be done within two months from the date of receipt of a copy of this judgment. Needless to say that till orders are passed on Ext.P3(a) stay petition, further proceedings for realization of the amounts covered by Ext.P1(a) order shall be deferred. Sd/- P.B.SURESH KUMAR

JUDGE rsr