AMBALLUR SERVICE CO-OPERATIVE BANK V. THE COMMISSIONER OF INCOME TAX (APPEALS)

WP(C)/30779/2017

AI Insights

The case involves the Amballur Service Co-operative Bank Limited, which filed a writ petition against the assessment orders issued by the Income Tax Department for the assessment years 2009-2010, 2013-2014, and 2014-2015. The bank had appealed against these orders and simultaneously filed stay petitions. The core issue was the premature recovery actions taken by the tax authorities despite the pending stay petitions. The High Court's intervention was sought to halt these recovery actions until the stay petitions were duly considered.

• Counselvise Citation: [2017] 140 COUNSELVISE.COM (IT) 699254 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 26-09-2017
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: P C SASIDHARAN; K S ANIL; P E SAJAL; E ADITHYAN
• Keywords: Assessment Order; Income Tax; Recovery Steps; Stay Petition
• Section: 143(3)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAY ASANKARAN NAMBIAR TUESDAY, THE 26TH DAY OF SEPTEMBER 2017/4TH ASWINA, 1939 WP(C).No. 30779 of 2017 (V) ---------------------------- PETITIONER(S): ------------------------ AMBALLUR SERVICE CO-OPERATIVE BANK LIMITED NO.503, MANNAMPETTA, THRISSUR, REPRESENTED BY ITS SECRETARY. BY ADVS.SRI.P.C.SASIDHARAN SRI.K.S.ANIL SRI.P.E.SAJAL SRI.E.ADITHYAN RESPONDENT(S): ------------------------- 1. THE COMMISSIONER OF INCOME TAX (APPEALS), AYAKAR BHAVAN, ST NAGAR, TRICHUR, 680001. 2. THE INCOME TAX OFFICER, WARD II (1), OFFICE OF THE INCOME TAX OFFICER, AYAKAR BHAVAN, ST NAGAR, TRICHUR, 680001. BY SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-09-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TS WP(C).No. 30779 of 2017 (V) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 28.5.2014. EXHIBIT P2 TRUE COPY OF THE CERTIFICATE DATED 22.8.2016. EXHIBIT P3 TRUE COPY OF THE ASSESSMENT ORDER FOR THE ASSESSMENT YEAR 2009-2010. EXHIBIT P4 TRUE COPY OF ASSESSMENT ORDER FOR THE ASSESSMENT YEAR 2013-2014. EXHIBIT P5 TRUE COPY OF THE ORDER FOR THE ASSESSMENT YEAR 2014-2015. EXHIBIT P6 TRUE COPY OF THE APPEAL AGAINST EXT.P3 ORDER. EXHIBIT P7 TRUE COPY OF THE APPEAL AGAINST EXT.P4 ORDER. EXHIBIT P8 TRUE COPY OF THE APPEAL AGAINST EXT.P5 ORDER. EXHIBIT P9 TRUE COPY OF THE PETITION FOR STAYING THE ASSESSMENT ORDER 2009-2010. EXHIBIT P10 TRUE COPY OF THE PETITION FOR STAYING THE ASSESSMENT ORDER 2013-2014. EXHIBIT P11 TRUE COPY OF THE PETITION FOR STAYING THE ASSESSMENT ORDER 2014-2015. EXHIBIT P12 TRUE COPY OF THE ORDER DATED 14.8.2017. EXHIBIT P13 TRUE COPY OF THE STAY PETITION FOR THE ASSESSMENT YEAR 2009. EXHIBIT P14 TRUE COPY OF THE STAY PETITION FOR THE ASSESSMENT YEAR 2013. EXHIBIT P15 TRUE COPY OF THE STAY PETITION FOR THE ASSESSMENT YEAR 2014. RESPONDENT(S)' EXHIBITS - NIL ------------------------------------------------- /TRUE COPY/ PS TO JUDGE TS A.K.JAYASANKARAN NAMBIAR, J. ............................................................. W.P.(C).No.30779 Of 2017 ............................................................. Dated this the 26th day of September, 2017 J U D G M E N T Against Exts.P3 to P5 assessment orders under the Income Tax Act, the petitioner has preferred Exts.P6 to P8 appeals together with Exts.P13 to P15 stay petitions before the 1st 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 Exts.P3 to P5 assessment orders. 2. I have heard the learned counsel appearing for the petitioner and also the learned Standing counsel 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: -2- W.P.(C).No.30779 Of 2017 1. The 1st respondent shall consider and pass orders on Exts.P13 to P15 stay petitions within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. 2. Recovery steps for recovery of amounts confirmed against petitioner by Exts.P3 to P5 assessment orders including further proceedings pursuant to Ext.P12 notice issued by the 2nd respondent shall be kept in abeyance till orders are passed by the 1st respondent as directed above and communicated to the petitioner. The petitioner shall produce a copy of this judgement, together with a copy of the writ petition before the 1st respondent for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE mns/26.09.17 "