M/S. AMBALAPPARA SERVICE CO-OPERATIVE BANK LTD V. THE INCOME TAX OFFICER

WP(C)/8050/2018

AI Insights

The case involves M/s. Ambalappara Service Co-op. Bank Ltd., the petitioner, who is aggrieved by several assessment orders issued by the Income Tax Officer, Ward - 3, Palakkad, the first respondent. The petitioner had filed appeals against these orders and simultaneously requested stays on the realization of the assessed amounts. The primary grievance in the writ petition was the delay by the Commissioner of Income Tax (Appeals) in deciding on these stay applications, which had led to the initiation of proceedings for the realization of the assessed amounts. The court's decision focused on expediting the resolution of the stay applications to prevent further financial actions based on the contested assessments.

• Counselvise Citation: [2018] 140 COUNSELVISE.COM (IT) 771455 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 09-03-2018
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: T M SREEDHARAN; V P NARAYANAN; VANDANA MENON; DIVYA RAVINDRAN
• Keywords: Assessment Order; Income Tax; Realisation of amounts; Stay Application
• Section: 220(6)

Judgement Text

" IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR FRIDAY, THE 9TH DAY OF MARCH 2018 / 18TH PHALGUNA, 1939 WP(C).No. 8050 of 2018 PETITIONER(S) M/S. AMBALAPPARA SERVICE CO-OP. BANK LTD. AMBALAPPARA POST, OTTAPPALAM, PALAKKAD DISTRICT, PIN - 679 512. REPRESENTED BY ITS SECRETARY, SHRI.M. MOHANKUMAR. BY ADVS.SRI.T.M.SREEDHARAN (SR.) SRI.V.P.NARAYANAN SMT.VANDANA MENON SMT.DIVYA RAVINDRAN RESPONDENT(S): 1. THE INCOME TAX OFFICER, WARD - 3, PALAKKAD - 678 001. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAWAN, SAKTHAN THAMPURAN NAGAR, THRISSUR - 680 001. BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8050 of 2018 (E) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 TRUE COPY OF THE REGISTRATION DATED 10.01.2013 ISSUED BY THE ASSISTANT REGISTRAR (GENERAL), OTTAPPALAM. EXHIBIT P2 TRUE COPY OF ASST. ORDER DATED 23.02.2016 ALONG WITH DEMAND NOTICE FOR THE ASST. YEAR 2010-11 PASSED BY THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF MEMORANDUM OF APPEAL DATED 14.05.2016 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P3(A) TRUE COPY OF STAY PETITION DATED 14.05.2016 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF ASST.ORDER AND DEMAND NOTICE DATED 21.03.2016 FOR THE ASST.YEAR 2012-13 PASSED BY THE 1ST RESPONDENT. EXHIBIT P5 TRUE COPY OF ASST.ORDER AND DEMAND NOTICE DATED 21.03.2016 FOR THE ASST.YEAR 2013-14 PASSED BY THE 1ST RESPONDENT. EXHIBIT P6 TRUE COPY OF ASST.ORDER AND DEMAND NOTICE DATED 31.03.2016 FOR THE ASST.YEAR 2014-15 PASSED BY THE 1ST RESPONDENT. EXHIBIT P7 TRUE COPY OF ASST.ORDER AND DEMAND NOTICE DATED 21.03.2016 FOR THE ASST.YEAR 2015-16 PASSED BY THE 1ST RESPONDENT. EXHIBIT P8 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 14.05.2016 FOR THE ASST. YEAR 2012-13 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P8(A) TRUE COPY OF THE STAY PETITION DATED 14.05.2016 FOR THE ASST. YEAR 2012-13 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P9 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 14.05.2016 FOR THE ASST. YEAR 2013-14 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P9(A) TRUE COPY OF THE STAY PETITION DATED 14.05.2016 FOR THE ASST.YEAR 2013-14 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P10 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 23.04.2016 FOR THE ASST. YEAR 2014-15 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. WP(C).No. 8050 of 2018 (E) EXHIBIT P10(A) TRUE COPY OF THE STAY PETITION DATED 23.04.2016 FOR THE ASST.YEAR 2014-15 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P11 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 04.01.2018 FOR THE ASST. YEAR 2015-16 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P11(A) TRUE COPY OF THE STAY PETITION DATED 04.01.2018 FOR THE ASST.YEAR 2015-16 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P12 TRUE COPY OF PETITION FILED U/S.220(6) OF THE ACT DATED 25.04.2016 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST.YEAR 2010-11. EXHIBIT P12(A) TRUE COPY OF PETITION FILED U/S.220(6) OF THE ACT DATED 25.04.2016 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST.YEAR 2012-13. EXHIBIT P12(B) TRUE COPY OF PETITION FILED U/S.220(6) OF THE ACT DATED 25.04.2016 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST.YEAR 2013-14. EXHIBIT P12(C) TRUE COPY OF PETITION FILED U/S.220(6) OF THE ACT DATED 25.04.2016 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST.YEAR 2014-15. EXHIBIT P12(D) TRUE COPY OF PETITION FILED U/S.220(6) OF THE ACT DATED 04.01.2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST.YEAR 2015-16. (true copy) Sd/- P.S. to Judge P.B.SURESH KUMAR, J. ----------------------------------------------- W.P.(C) No.8050 of 2018 ----------------------------------------------- Dated 9th 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, P4, P5, P6 and P7 assessment orders, the petitioner preferred Exts.P3, P8, P9, P10 and P11 appeals before the second respondent. Ext.P3(a), P8(a), P9(a), P10(a) and P11(a) are the applications for stay preferred by the petitioner in Exts.P3, P8, P9, P10 and P11 appeals. The grievance of the petitioner in the writ petition concerns the delay on the part of the second respondent in passing orders on Ext.P3(a), P8(a), P9(a), P10(a) and P11(a) applications for stay. It is alleged by the petitioner in the writ petition that proceedings have already been initiated for realisation of the amounts covered by Exts.P2, P4, P5, P6 and P7 assessment orders. The petitioner, therefore, seeks appropriate directions in this regard, in this WPC No. 8050/18 2 writ petition. 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 second respondent to take a decision on Ext.P3(a), P8(a), P9(a), P10(a) and P11(a) applications for stay, within two months from the date of receipt of a copy of this judgment. Ordered accordingly. Needless to say that until orders are passed on the applications for stay, further proceedings for realisation of the amounts covered by Exts.P2, P4, P5, P6 and P7 assessment orders shall be deferred. Sd/- P.B.SURESH KUMAR, JUDGE. tgs "