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

WP(C)/9151/2018

AI Insights

The case involves M/s. Anakkara Service Co-operative 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 contested these orders for various assessment years and filed appeals along with stay petitions before the Commissioner of Income Tax (Appeals), the second respondent. The primary grievance in the writ petition was the delay by the second respondent in deciding on the stay applications, which allegedly led to the initiation of proceedings for the realization of the assessed amounts. The court's intervention was sought to expedite the decision-making process regarding the stay applications and to halt any further actions on the assessment orders until a decision was made.

• Counselvise Citation: [2018] 140 COUNSELVISE.COM (IT) 763241 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 19-03-2018
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: V P NARAYANAN; VANDANA MENON; DIVYA RAVINDRAN
• Keywords: Assessment Order; Income Tax; Realisation of amounts; Stay Petition
• Section: 220(6)

Judgement Text

" IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR MONDAY, THE 19TH DAY OF MARCH 2018 / 28TH PHALGUNA, 1939 WP(C).No. 9151 of 2018 PETITIONER M/S. ANAKKARA SERVICE CO-OPERATIVE BANK LTD. KUMBIDI P.O. PALAKKAD-679553 REPRESENTED BY ITS SECRETARY, SHRI ANILKUMAR.T.E BY ADVS.SRI.V.P.NARAYANAN SMT.VANDANA MENON SMT.DIVYA RAVINDRAN RESPONDENTS 1. THE INCOME TAX OFFICER WARD-3, PALAKKAD 678001 2. THE COMMISSIONER OF INCOME TAX(APPEALS) AAYAKAR BHAWAN, SAKTHAN THAMPURAN NAGAR, THRISSUR-680001 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9151 of 2018 (T) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1: TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 30.5.1964 ISSUED BY THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, OTTAPPALAM EXHIBIT P2: TRUE COPY OF THE ORDER AND DEMAND NOTICE DATED 21.3.2016 FOR THE ASST. YEAR 2010-11 PASSED BY THE 1ST RESPONDENT EXHIBIT P3: TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 23.4.2016 FOR THE ASST. YEAR 2010-11 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P3(a): TRUE COPY OF THE STAY PETITION DATED 23.4.2016 FOR THE ASST. YEAR 2010-11 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P4: TRUE COPY OF ASST. ORDER AND DEMAND NOTICE DATED 21.3.2016 FOR THE ASST. YEAR 2013-14 PASSED BY THE 1ST RESPONDENT EXHIBIT P5: TRUE COPY OF ASST. ORDER AND DEMAND NOTICE DATED 21.12.2016 FOR THE ASST. YEAR 2014-15 PASSED BY THE 1ST RESPONDENT EXHIBIT P6: TRUE COPY OF ASST. ORDER AND DEMAND NOTICE DATED 20.11.2017 FOR THE ASST. YEAR 2015-16 PASSED BY THE 1ST RESPONDENT EXHIBIT P7: TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 23.4.2017 FOR THE ASST. YEAR 2015-16 PASSED BY THE 1ST RESPONDENT EXHIBIT P7(a): TRUE COPY OF THE STAY PETITION DATED 23.4.2016 FOR THE ASST. YEAR 2013-14 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P8: TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 23.1.2017 FOR THE ASST. YEAR 2014-15 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P8(a): TRUE COPY OF THE STAY PETITION DATED 23.1.2017 FOR THE ASST. YEAR 2014-15 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P9: TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 4.1.2018 FOR THE ASST. YEAR 2015-16 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P9(a): TRUE COPY OF THE STAY PETITION DATED 4.1.2018 FOR THE ASST. YEAR 2015-16 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT WP(C).No. 9151 of 2018 (T) EXHIBIT P10: TRUE COPY OF THE PETITION FILED U/S. 220(6) OF THE ACT DATED 25.4.2016 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST. YEAR 2010-11 EXHIBIT P10(a): TRUE COPY OF PETITION FILED U/S 220(6) OF THE ACT DATED 24.4.2016 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST. YEAR 2013-14 EXHIBIT P10(b): TRUE COPY OF THE PETITION FILED U/S 220(6) OF THE ACT DATED 23.1.2017 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST. YEAR 2014-15 EXHIBIT P10(c): TRUE COPY OF PETITION FILED U/S 220(6) OF THE ACT DATED 4.1.2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST. YEAR 2015-16 RESPONDENTS EXHIBITS: NIL /TRUE COPY/ VPS PS TO JUDGE P .B.SURESH KUMAR, J. --------------------------------------------- W.P .(C) No.9151 of 2018 --------------------------------------------- Dated this the 19th day of March, 2018 JUDGMENT Petitioner is an assessee under the Income T ax Act (the Act) on the rolls of the first respondent. Aggrieved by Exts.P2, P4, P5 & P6 assessment orders, the petitioner preferred Exts.P3, P7, P8 & P9 appeals before the second respondent. Exts.P3(a), P7(a), P8(a) & P9(a) are the applications for stay preferred by the petitioner in P3, P7, P8 & P9 appeals. The grievance of the petitioner in the writ petition concerns the delay on the part of the second respondent in passing ord Exts.P3(a), P7(a), P8(a) & P9(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 assessment orders. The petitioner, therefore, seeks WPC 9151/18 -:2:- appropriate directions in this regard, in this 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 P3(a), P7(a), P8(a) & P9(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 P3(a), P7(a), P8(a) & P9(a) applications for stay, further proceedings for realisation of the amounts covered by Exts.P2, P4, P5 & P6 assessment orders shall be deferred. Sd/- P .B.SURESH KUMAR, JUDGE vps 19/3 /T rue Copy/ PS to Judge "