KADAKKAVOOR SERVICE CO-OPERATIVE BANK LTD NO. 1063 V. THE INCOME TAX OFFICER

WP(C)/7482/2018

AI Insights

The case involves Kadakkavoor Service Co-operative Bank Ltd, which is the petitioner, and the Income Tax Officer and the Commissioner of Income Tax (Appeals) as respondents. The petitioner challenged the delay in the decision-making process regarding their stay applications related to two assessment orders for the years 2013-2014 and 2015-2016. The petitioner argued that the proceedings for realization of the amounts from these orders had already begun, and cited a similar case (Ext.P15) where the court had granted an absolute stay. The court heard the arguments and decided to direct the Commissioner of Income Tax (Appeals) to expedite the decision on the stay applications and defer any further actions on the assessment orders until a decision is made.

• Counselvise Citation: [2018] 140 COUNSELVISE.COM (IT) 755308 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 06-03-2018
• Assessment Year: misc
• Other Referred Cases: WP(C) No.25540 of 2015, ITA No.13/TVM/CIT(A), TVM/2015-16, ITA No.3/TVM/CIT(A), TVM/2014-15, WP(C) No.38566 of 2017
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: CHRISTOPHER ABRAHAM
• Assessee Lawyers: V G ARUN; JAIBY PAUL; ARJUN RAGHAVAN; ADITHYA RAJEEV
• Keywords: Assessment Order; Income Tax; Realisation of amounts; Stay Petition

Judgement Text

" IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR TUESDAY, THE 6TH DAY OF MARCH 2018 / 15TH PHALGUNA, 1939 WP(C).No. 7482 of 2018 PETITIONER(S) KADAKKAVOOR SERVICE CO-OPERATIVE BANK LTD NO. 1063 REPRESENTED BY ITS SECRETARY, KADAKKAVOOR PO, THIRUVANANTHAPURAM. 695306 BY ADVS.SRI.V.G.ARUN SRI.JAIBY PAUL SRI.ARJUN RAGHAVAN SRI.ADITHYA RAJEEV RESPONDENT(S): 1. THE INCOME TAX OFFICER WARD 2(5), OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, RANGE 2, AAYAKAR BHAVAN, KOWDIAR PO, THIRUVANANTHAPURAM DISTRICT. 695003. 2. THE COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM.695003 BY SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7482 of 2018 (I) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE DATED 04.08.2015 ISSUED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) CHIRAYINKEEZHU. EXHIBIT P2 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2013-2014 DATED 31.8.2015. EXHIBIT P3 A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 31.8.2015 EXHIBIT P4 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2015-2016 DATED 24.11.2017 EXHIBIT P5 A TRUE COPY OF THE DEMAND NOTICE DATED 24.11.2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE NOTICE AAAAK5452D/W-2(5)/TVM/2017-18 DATED 12.2.2018 EXHIBIT P7 A TRUE COPY OF THE NOTICE AAAAK5452D/W-2(5)/TVM/2017 -18 DATED 15.2.2018 EXHIBIT P8 A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT.P2 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 10.2.2018 EXHIBIT P9 A TRUE COPY OF THE STAY PETITION DATED 10.2.2018 FILED BY THE PETITIONER IN EXT.P8 APPEAL. EXHIBIT P10 A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT.P4 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 10.2.2018 EXHIBIT P11 A TRUE COPY OF THE STAY PETITION DATED 10.2.2018 FILED BY THE PETITIONER IN EXT.P10 APPEAL. EXHIBIT P12 A TRUE COPY OF THE INTERIM ORDER DATED 20.8.2015 IN WP(C) NO.25540 OF 2015. EXHIBIT P13 A TRUE COPY OF THE APPELLATE ORDER IN ITA NO.13/TVM/CIT(A), TVM/2015-16 DATED 08.11.2017 EXHIBIT P14 A TRUE COPY OF THE APPELLATE ORDER IN ITA NO.3/TVM/CIT(A), TVM/2014-15 DATED 20.11.2017 EXHIBIT P15 A TRUE COPY OF THE JUDGMENT DATED 21.12.2017 IN WP(C) NO.38566 OF 2017 (true copy) Sd/- P.S. to Judge P.B.SURESH KUMAR, J. ----------------------------------------------- W.P.(C) No.7482 of 2018 ----------------------------------------------- Dated 6th 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 and P4 assessment orders, the petitioner preferred Exts.P8 and P10 appeals before the second respondent. Exts.P9 and P11 are the applications for stay preferred by the petitioner in Exts.P8 and P10 appeals. The grievance of the petitioner in the writ petition concerns the delay on the part of the second respondent in passing orders on Exts.P9 and P11 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 and P4 orders. It is stated that in the light of Ext.P15 judgment rendered by this Court in an identical matter, the petitioner is entitled to an absolute stay in the appeals preferred by them. The petitioner, therefore, seeks appropriate directions in this regard, in this WPC No. 7482/18 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 Exts.P9 and P11 applications for stay, within two months from the date of receipt of a copy of this judgment. Ordered accordingly. This shall be done having regard to Ext.P15 judgment rendered by this Court. Needless to say that until orders are passed on the applications for stay, further proceedings for realisation of the amounts covered by Exts.P2 and P4 assessment orders shall be deferred. Sd/- P.B.SURESH KUMAR, JUDGE. tgs "