CORPORATION OF COCHIN EMPLOYEES CO-OPERATIVE SOCIETY LTD NO. 331, V. THE INCOME TAX OFFICER,

WP(C)/16111/2024

AI Insights

The case involves the Corporation of Cochin Employees Co-operative Society Ltd, which challenged the assessment orders issued by the Income Tax Officer for the assessment years 2018-19 and 2019-20. The petitioner filed appeals against these orders and sought stays on the recovery proceedings during the appeal process. The primary legal issue was the request for a stay on the recovery proceedings until the appeals were heard. The court's decision focused on ensuring that the petitioner's applications for stay were duly considered before any recovery actions were taken.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 747511 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 19-04-2024
• Assessment Year: misc
• Other Referred Cases: Service Co-operative Bank Ltd vs Assessment Unit in W.P (C) No. 9586 of 2024
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: CHRISTOPHER ABRAHAM; P R AJITHKUMAR
• Assessee Lawyers: V P NARAYANAN; M M MONAYE; M VARGHESE
• Keywords: Assessment Order; Income Tax; Stay Application
• Section: 147; 144B

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946 WP(C) NO. 16111 OF 2024 PETITIONER/S: CORPORATION OF COCHIN EMPLOYEES CO-OPERATIVE SOCIETY LTD NO. 331, CC 16/254, A CORPORATION OF COCHIN EMPLOYEES CO-OP SOCIETY LAD NO. 331, NEAR VILLAGE OFFICE, THOPUMPADY P.O., ERNAKULAM, KERALA, REPRESENTED BY ITS SECRETARY, V.S. SARITHA, PIN - 682005 BY ADVS. V.P.NARAYANAN M.M.MONAYE M.PAUL VARGHESE RESPONDENT/S: 1 THE INCOME TAX OFFICER, WARD 2(4) & TPS CENTRAL REVENUE BUILDING, I.S. PRESS ROAD, KOCHI, KERALA, PIN - 682018 2 ASSESSMENT UNIT, NATIONAL E-ASSESSMENT CENTER, INCOME TAX DEPARTMENT, MINISTRY OF FINANCE, ROOM NO. 401, 2ND FLOOR, E-RAMP, JAWAHARLAL STADIUM, NEW DELHI ,REPRESENTED BY ITS INCOME TAX OFFICER, PIN - 110003 3 THE COMMISSIONER OF INCOME TAX ( APPEALS), NATIONAL FACELESS APPELLATE CENTER (NFAC), NEW DELHI, PIN - 110001 4 THE PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX (KERALA), CENTRAL REVENUE BUILDING, I.S. PRESS ROAD, KOCHI, PIN - 682018 BY ADVS. CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT P.R.AJITH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 16111 OF 2024 2 JUDGMENT The petitioner suffered Exts.P1 and P2 orders of assessment for the assessment years 2018-19 and 2019-20, under the provisions of the Income Tax Act, 1961. The petitioner has preferred Ext.P3 and P4 appeals against Exts.P1 and P2 orders of assessment before the 3rd respondent, along with Exts.P5 and P6 applications for stay. 2. The learned Counsel appearing for the petitioner would submit that the only relief sought for by the petitioner is that, Exts.P5 and P6 applications for stay may be disposed of by the 3rd respondent, after affording an opportunity of hearing to the petitioner. He prays that, till such time orders are passed in Exts.P5 and P6, any proceedings for recovery of the amounts due under Exts.P1 and P2 may be kept in abeyance. 3. Heard the learned Standing Counsel appearing for the respondent Department also. 4. Having heard the learned Counsel for the petitioner and the learned Standing Counsel appearing for the respondent Department, this Writ Petition will stand disposed of, directing the 3rd respondent to consider and pass orders on Exts.P5 and P6, WP(C) NO. 16111 OF 2024 3 after affording an opportunity of hearing to the petitioner. Till such time as orders are passed on Exts.P5 and P6, any proceedings for recovery of amounts due under Exts.P1 and P2 orders of assessment shall be kept in abeyance. The petitioner shall produce certified copy of this judgment along with the copy of writ petition for compliance before the 3rd respondent. Sd/- SHOBA ANNAMMA EAPEN JUDGE ajt WP(C) NO. 16111 OF 2024 4 APPENDIX OF WP(C) 16111/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE 2ND RESPONDENT UNDER SECTION 147 R.W.S 144B OF THE ACT DATED 05.03.2024 FOR THE AY 2018-19 Exhibit P2 THE TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE 2ND RESPONDENT UNDER SECTION 147 R.W.S 144B OF THE ACT FOR THE AY 2019-20 Exhibit P3 TRUE COPIES OF THE MEMORANDUM OF APPEAL FOR THE AY 2018-19, FILED BEFORE THE 3RD RESPONDENT DATED 27.03.2024 Exhibit P4 TRUE COPIED OF SIMILAR APPEAL FILED BY THE PETITIONER FOR AY 2019-20 BEFORE THE 3RD RESPONDENT DATED 12.04.2024 Exhibit P5 THE TRUE COPY OF THE STAY PETITION FILED BEFORE THE 3RD RESPONDENT FOR AY 2018-19 Exhibit P6 THE TRUE COPY OF THE STAY PETITION FILED BEFORE THE 3RD RESPONDENT FOR AY 2019-20 Exhibit P7 THE TRUE COPY OF THE JUDGMENT IN CASE OF SERVICE CO-OPERATIVE BANK LTD VS ASSESSMENT UNIT IN W.P (C ) NO. 9586 OF 2024 DATED 12.03.2024 "