Without going into the merits of the matter, the petitioner seeks only consideration of the stay application filed before the Commissioner of Income Tax (Appeals) III, Cochin produced herein as Exts. P3 and P3(a) to P3(f) for various assessment years. The demands arise from assessment completed after seizure effected under Section 132 of the Income Tax Act, 1961. Admittedly, the petitioner has filed the appeal within time and has also moved the stay applications, which are pending before the first appellate authority, the 2nd respondent herein. 2. In view of the limited prayers made, this Court deems it fit that, the 2nd respondent be directed to consider the stay applications produced herein as Exts.P3 and P3(a) to P3(f) within a period of one month from the date of receipt of a certified copy of this judgment.
W.P.(C) No. 12787 of 2014 2
3. Needless to say the recovery proceedings shall be kept in abeyance for a period of six weeks from today, subject however to orders passed in Exts.P3 and P3(a) to P3(f) stay petitions. In the circumstances, of the directions above, the 4th respondent Bank shall not give effect to Ext.P5.
With the above directions and observations, the Writ Petition stands disposed of.
Sd/-
K. VINOD CHANDRAN, JUDGE SB // TRUE COPY // P.A TO JUDGE.