The Koduvazhanoor Service… vs ITO | Kerala High Court 2018

Heard together (2 matters)

WP(C).No. 7144 of 2018

WP(C) NO.38566 OF 2017

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Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR FRIDAY, THE 2ND DAY OF MARCH 2018 / 11TH PHALGUNA, 1939 WP(C).No. 7144 of 2018 PETITIONER(S) THE KODUVAZHANOOR SERVICE CO-OPERATIVE BANK LTD NO.3144 REPRESENTED BY ITS SECRETARY, KODUVAZHANOOR P.O., PULIMATH, THIRUVANANTHAPURAM DISTRICT- 695 612. BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR SRI.JAIBY PAUL SRI.ARJUN RAGHAVAN RESPONDENT(S): 1. THE INCOME TAX OFFICER WARD-2(5), OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, RANGE-2, AAYAKAR BHAVAN, KOWDIAR P.O., THIRUVANANTHAPURAM DISTRICT- 695 003. 2. THE COMMISSIONER OF INCOME TAX(APPEALS) AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM DISTRICT- 695 003. BY, SC SRI.JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7144 of 2018 (P) APPENDIX PETITIONER(S)' EXHIBITS EXT P1 A TRUE COPY OF THE CERTIFICATE DATED 22/12/2015, ISSUED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), CHIRAYINKEEZHU. EXT P2 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2013-2014 DATED 14/03/2016. EXT P3 A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 14/03/2016. EXT P4 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2015-2016 DATED 29/11/2017. EXT P5 A TRUE COPY OF THE NOTICE DATED 29/11/2017 ISSUED BY THE 1ST RESPONDENT. EXT P6 A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT P2 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 08/04/2016. EXT P7 A TRUE COPY OF THE STAY PETITION DATED 13/04/2016, FILED BY THE PETITIONER IN EXT P6 APPEAL. EXT P8 A TRUE COPY OF THE NOTICE NO.AAAAK6275A/W-2(5)/TVM/2015-18 DATED 15/02/2018 ISSUED BY THE 1ST RESPONDENT. EXT P9 A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT P4 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 10/02/2018. EXT P10 A TRUE COPY OF THE STAY PETITION DATED 10/02/2018, FILED BY THE PETITIONER IN EXT P9 APPEAL. EXT P11 A TRUE COPY OF THE JUDGMENT DATED 21/12/2017 IN WP(C) NO.38566 OF 2017. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// SD/- P.A. TO JUDGE SKS P.B.SURESH KUMAR, J. = = = = = = = = = = = = = W.P.(C).No. 7144 of 2018 --------------------------------------- Dated this the 2nd day of March, 2018

J U D G M E N T Petitioner is an assessee under the Income Tax Act (the Act) on the rolls of the first respondent. Aggrieved by Exts.P2 and P4 assessment orders, the petitioner preferred Exts.P6 and P9 appeals before the first respondent. Exts.P7 and P10 are the applications for stay preferred by the petitioner in Exts.P6 and P9 appeals. The grievance of the petitioner in the writ petition concerns the delay on the part of the first respondent in passing orders on Exts.P7 and P10 applications for stay. It is pointed out that in the light of Ext.P11 judgment rendered by this Court in a matter challenging the order passed in a stay petition preferred in an identical appeal, the petitioner is entitled to an absolute stay in the matter. It is alleged by the petitioner in the writ petition that proceedings have already been initiated for realisation of the amounts covered by Ext.P2 and P4 orders. The petitioner, therefore, seeks appropriate directions in this regard, in this writ petition.

W.P. (c) No. 7144/2018 -2-

Heard the learned counsel for the petitioner as also the learned Standing Counsel for the respondents. Having regard to the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition directing the first respondent to take a decision on Exts.P7 and P10 applications for stay, within two months from the date of receipt of a copy of this judgment. Ordered accordingly. This shall be done having regard to Ext.P11 judgment rendered by this Court. Needless to say that until orders are passed on Exts.P7 and P10 applications for stay, further proceedings for realisation of the amounts covered by Exts.P2 and P4 assessment orders shall be deferred. P.B.SURESH KUMAR, JUDGE SKS

THE KODUVAZHANOOR SERVICE CO-OPERATIVE BANK LTD NO.3144 vs. THE INCOME TAX OFFICER

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