AYYANTHOLE SERVICE CO-OPERATIVE BANK LTD. V. THE INCOME TAX OFFICER, WARD 2(1)

WP(C)/29225/2017

AI Insights

The case involves Ayyanthole Service Co-operative Bank Ltd., which filed a writ petition against the Income Tax Officer and the Commissioner of Income Tax (Appeals) concerning an assessment order and subsequent recovery actions. The petitioner contested the assessment order for the year 2009-2010 and filed an appeal and a stay petition. Despite these filings, recovery actions were initiated based on the assessment order. The court heard the arguments and decided to halt the recovery actions temporarily, directing the Commissioner of Income Tax (Appeals) to expedite the decision on the stay petition.

• Counselvise Citation: [2017] 140 COUNSELVISE.COM (IT) 758760 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 31-08-2017
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: ANIL NAIR; R; P PAUL; MEKHALA BENNY
• Keywords: Appeal; Assessment Order; Income Tax; Revenue recovery notice; Revenue recovery notice; 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 THURSDAY, THE 31ST DAY OF AUGUST 2017/9TH BHADRA, 1939 WP(C).No. 29225 of 2017 (C) ------------------------------------------ PETITIONER(S) : -------------------------- AYYANTHOLE SERVICE CO-OPERATIVE BANK LTD. NO. 424, P.O.AYYANTHOLE, THRISSUR- 680 003, REPRESENTED BY ITS SECRETARY, MRS. SUNANTHA BAI.B.S. BY ADVS. SRI.ANIL D. NAIR SRI.R.SREEJITH SRI.P.JINISH PAUL KUM.MEKHALA M.BENNY RESPONDENT(S) : ---------------------------- 1. INCOME TAX OFFICER, WARD 2(1), THRISSUR- 680 001. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), THRISSUR- 680 001. BY ADV. SRI.JOSE JOSEPH, S.C THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Msd. WP(C).No. 29225 of 2017 (C) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS : EXHIBIT P1: TRUE COPY OF THE ASSESSMENT ORDER DATED 09.12.2016 FOR THE YEAR 2009-2010 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT. EXHIBIT P2: TRUE COPY OF THE APPEAL MEMORANDUM FOR THE YEAR 2009-2010 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P3: TRUE COPY OF THE STA Y PETITION FOR THE YEAR 2009-2010 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P4: TRUE COPY OF THE RR NOTICE DATED 14.08.2017 FOR THE YEAR 2009-2010 ISSUED BY THE FIRST RESPONDENT. RESPONDENT(S)' EXHIBITS : NIL //TRUE COPY// P.A.TO JUDGE. Msd. A.K.JAYASANKARAN NAMBIAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.29225 of 2017 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of August, 2017 JUDGMENT Against Ext.P1 assessment order under the Income Tax Act, the petitioner has preferred Ext.P2 appeal together with Ext.P3 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. P4 revenue recovery notice. 2. I have heard the learned counsel for the petitioner and also the learned Government Pleader for the respondents. 3. 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: i) The 2nd respondent shall consider and pass orders on Ext.P3 stay petition within a period of six weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. ii) Recovery steps pursuant to Ext.P4 Revenue Recovery notice for recovery of amounts confirmed against petitioner by Ext.P1 W.P.(c).No.29225 of 2017 : 2 : assessment order shall be kept in abeyance till orders are passed by the 2nd respondent as directed above and communicated to the petitioner. iii) The petitioner shall produce a copy of the writ petition along with a copy of this judgment, before the 2nd respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE sm/ "