Kadavalloor Service Co-operative Bank Ltd. No. 3821, Kadavalloor, P.O.Kadavallur Thrissur District V. The Income Tax Officer, Ward I & TPS, Income Tax Office, City Plaza, West Nada, Guruvayoor and State Bank of India, Perumpilavu Branch, Triveni Plaza, Perumpilavu, Thrissur

WA/1871/2023

AI Insights

The case involves Kadavalloor Service Co-operative Bank Ltd., which appealed against the judgment dated 27.9.2023 in WP(C) 31660/2023 concerning the Income Tax Officer and State Bank of India. The appeals were heard alongside WA.1871/2023. The primary issue revolved around the re-crediting of amounts to the appellant's account and the subsequent handling of these funds pending the resolution of related appeals at the Income Tax Appellate Tribunal. The court's decision focused on ensuring that the appellant's financial interests were protected while allowing the Tribunal to address the substantive issues raised in the appeals.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 797508 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 15-11-2023
• Assessment Year: misc
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: P G JAYASHANKAR; A KUMAR
• Assessee Lawyers: P C SASIDHARAN
• Keywords: Income Tax; Re-credit; Stay of recovery; Writ Appeal

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 15TH DAY OF NOVEMBER 2023 / 24TH KARTHIKA, 1945 WA NO. 1870 OF 2023 AGAINST THE JUDGMENT DATED 27.9.2023 IN WP(C) 31660/2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER: KADAVALLOOR SERVICE CO-OPERATIVE BANK LTD. NO. 3821, KADAVALLOOR, P.O.KADAVALLUR THRISSUR DISTRICT REPRESENTED BY ITS SECRETARY., PIN - 680543 BY ADV P.C.SASIDHARAN RESPONDENTS/RESPONDENTS 1 & 2: 1 THE INCOME TAX OFFICER, WARD I & TPS, INCOME TAX OFFICE, CITY PLAZA, WEST NADA, GURUVAYOOR, PIN - 680101 2 STATE BANK OF INDIA, PERUMPILAVU BRANCH, TRIVENI PLAZA, PERUMPILAVU, THRISSUR, PIN - 680519 BY ADVS.SC SRI. P.G. JAYASHANKAR R1 KEERTHIVAS GIRI SC SRI. A. KUMAR -R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15.11.2023, ALONG WITH WA.1871/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.Nos.1870 & 1871 of 2023 -:2:- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 15TH DAY OF NOVEMBER 2023 / 24TH KARTHIKA, 1945 WA NO. 1871 OF 2023 AGAINST THE JUDGMENT DATED 27.9.2023 IN WP(C) 31648/2023 OF HIGH COURT OF KERALA APPELLANT/PETITIONER: KADAVALLOOR SERVICE CO-OPERATIVE BANK LTD. NO. 3821, KADAVALLOOR, P.O.KADAVALLUR THRISSUR DISTRICT , REPRESENTED BY ITS SECRETARY., PIN - 680543 BY ADV P.C.SASIDHARAN RESPONDENTS/RESPONDENTS 1 & 2: 1 THE INCOME TAX OFFICER, WARD I & TPS, INCOME TAX OFFICE, CITY PLAZA, WEST NADA, GURUVAYOOR, PIN - 680101 2 STATE BANK OF INDIA, PERUMPILAVU BRANCH, TRIVENI PLAZA, PERUMPILAVU, THRISSUR, PIN - 680519 BY ADVS.SC SRI. P.G. JAYASHANKAR R1 KEERTHIVAS GIRI SC SRI. A. KUMAR -R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15.11.2023, ALONG WITH WA.1870/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.Nos.1870 & 1871 of 2023 -:3:- J U D G M E N T Dr. A.K.Jayasankaran Nambiar, J. Pursuant to our interim orders dated 8.11.2023 and 14.11.2023 in these writ appeals, we have now been informed that the amounts directed to be re-credited to the appellant have since been re-credited. We are also informed that the appeals preferred by the appellant/bank before the Income Tax Appellate Tribunal have been listed for hearing at 10.30 am on 24.11.2023. 2. Taking note of the said developments, we dispose these writ appeals, by making the interim orders dated 8.11.2023 and 14.11.2023 absolute, and by directing the Income Tax Appellate Tribunal, Cochin Bench to consider the appeals or the stay applications preferred by the appellant as indicated in the notice of the Tribunal dated 7.11.2023, on the said date, i.e. 24.11.2023, or on any date to which the Tribunal may adjourn the case, after hearing the appellant. There shall be a stay of recovery of the amounts W.A.Nos.1870 & 1871 of 2023 -:4:- confirmed against the appellant by the orders impugned in the writ petitions, pending disposal of the stay applications/appeals, whichever is earlier, by the Tribunal. As already noticed in our order dated 8.11.2023, the appellant shall also ensure that the amounts re- credited in their account are retained as fixed deposit in the bank, pending the passing of orders by the Tribunal in the stay applications/appeals, as the case may be. The Writ Appeals are disposed as above. Sd/- DR. A.K.JAYASANKARAN NAMBIAR JUDGE sd/- DR. KAUSER EDAPPAGATH JUDGE kp "