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

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 27TH DAY OF OCTOBER 2017/5TH KARTHIKA, 1939 WP(C).No. 34286 of 2017 (I) --------------------------- PETITIONER: ----------- THE NJEEZHOOR SERVICE CO-OPERATIVE BANK LTD.NO.136, THIRUVAMPADY.P.O., NJEEZHOOR, KOTTAYAM, REPRESENTED BY ITS SECRETARY, MRS.AMBIKA DEVI.

BY ADV. SRI.RAMESH CHERIAN JOHN RESPONDENTS: ------------ 1. THE INCOME TAX OFFICER, WARD 4, OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX, KOTTAYAM RANGE, PUBLIC LIBRARY BUILDING, SHASTRI ROAD, KOTTAYAM - 686 001. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS), PUBLIC LIBRARY BUILDING, SHASTRI ROAD, KOTTAYAM 686 001.

BY SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: mbr/

WP(C).No. 34286 of 2017 (I) --------------------------- APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P1: TRUE COPY OF THE CERTIFICATE ISSUED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY DATED 13.12.2013.

EXHIBIT P2: TRUE COPY OF THE ASSESSMENT ORDER DATED MARCH, 2016. EXHIBIT P2A: TRUE COPY OF THE COVERING LETTER DATED 11.4.2016 FILING THE HARD-COPY OF APPEAL. EXHIBIT P2B: TRUE COPY OF THE INTIMATION DATED 8.6.2016 RECEIVED FROM THE OFFICE OF THE 2ND RESPONDENT. EXHIBIT P3: TRUE COPY OF THE E-FILED APPEAL DATED 13.6.2016. EXHIBIT P4: TRUE COPY OF THE STAY APPLICATION DATED 28.9.2017. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE mbr/

A.K.JAYASANKARAN NAMBIAR, J. ------------------------------- W.P.(C).NO.34286 OF 2017 (I) ----------------------------------- Dated this the 27th day of October, 2017 J U D G M E N T Against Ext.P2 assessment order under the Income Tax Act, the petitioner has preferred Ext.P3 appeal together with Ext.P4 stay petition before the 2nd respondent. It is the case of the petitioner that even prior to considering the stay petition, recovery steps are taken by the respondents against the petitioner for recovery of the amounts confirmed by Ext.P2 assessment order. 2. I have heard the learned counsel appearing for the petitioner and also the learned Government Pleader appearing for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I dispose the writ petition with the following directions: 1. The 2nd respondent shall consider and pass orders on Ext.P4 stay petition within a period of two months

W.P.(C).No.34286/2017

from the date of receipt of a copy of this judgment, after hearing the petitioner. 2. Recovery steps for recovery of amounts confirmed against the petitioner by Ext.P2 assessment order shall be kept in abeyance till such time as orders are passed by the 2nd respondent as directed above and communicated to the petitioner. 3. 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 JUDGE prp/27/10/17