KALLAMKUNNU SERVICE CO-OPERATIVE BANK LIMITED NO. R314 V. INCOME TAX OFFICER

WP(C)/12641/2021

AI Insights

The case involves Kallamkunnu Service Co-operative Bank Limited, which challenged the coercive recovery actions proposed by the Income Tax Department despite the pendency of their appeal against an assessment order. The bank had filed an appeal against the assessment order along with applications for condonation of delay and a stay petition, which were pending before the Commissioner of Income Tax (Appeals). The bank argued that the recovery actions should be halted until their appeal and related applications were decided. The court found merit in the petitioner's request to halt the coercive recovery actions pending the decision on their appeal and related applications.

• Counselvise Citation: [2021] 140 COUNSELVISE.COM (IT) 689626 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 24-06-2021
• Assessment Year: misc
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: K S NAIR; G REMADEVI; RAJATH NATH; HARIMA HARIHARAN
• Keywords: Assessment Order; Coercive Steps; Condonation of delay; Income Tax; Stay Petition

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.M.BADAR THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943 WP(C) NO. 12641 OF 2021 PETITIONER/S: KALLAMKUNNU SERVICE CO-OPERATIVE BANK LIMITED NO. R314 KALLAMKUNNU PO, NADAVARAMBA, THRISSUR 680 661 REPRESENTATED BY ITS SECRETARY, SRI. GANESH C.K. BY ADVS. K.S.HARIHARAN NAIR G.REMADEVI RAJATH R NATH HARIMA HARIHARAN RESPONDENT/S: 1 INCOME TAX OFFICER, WARD 2(2), AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR PIN 680 001 2 THE ADDITIONAL/JOINT/DEPUTY/ASST.COMMISSIONER OF INCOME TAX/INCOME TAX OFFICER, NATIONAL E-ASSESSMENT CENTRE, DELHI – 110 001 3 COMMISSIONER OF INCOME TAX (APPEALS), NATIONAL FACELESS APPEAL CENTRE, DELHI 220 001 SRI. JOSE JOSEPH, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12641 OF 2021 2 JUDGMENT Heard both sides. 2. As against the assessment order at Ext.P1 passed by the 2nd respondent, the petitioner has preferred a statutory appeal at Ext.P2 alongwith an application for condonation of delay (Ext.P3) and a stay petition(Ext.P4) and those proceedings are reported to be pending before the 3rd respondent. It is the case of the petitioner that despite pendency of the statutory appeal alongwith interlocutory applications, the respondents are insisting for payment of the amount determined by the assessment order at Ext.P1 and are proposing to initiate coercive steps for recovery of the same. . 3. Learned Standing Counsel appearing for the respondents submits that the appeal alongwith the applications is pending before the 3rd respondent and the same can be directed to be decided in a time bound manner. 4. Considering the facts and circumstances of the instant case, the writ petition is disposed of with the following directions:- The 3rd respondent is directed to decide the pending application for WP(C) NO. 12641 OF 2021 3 condonation of delay (Ext.P3) and if the occasion arises, the application for stay (Ext.P4), within a period of four months from today, after hearing the petitioner. Needless to mention that the petitioner should co-operate with the respondents in expeditious disposal of the application for condonation of delay, and if necessary, the stay petition as well as the main appeal also. Till disposal of the application for condonation of delay, and if required, the stay petition (Ext.P4) as directed by this Court, the respondents shall not proceed to initiate any coercive steps or recovery of the amount, determined by the assessment order at Ext.P1. Learned Standing Counsel appearing for the respondents is directed to communicate this judgment to the concerned respondent for compliance. SD/- A.M.BADAR JUDGE ajt WP(C) NO. 12641 OF 2021 4 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 – COPY OF ASSESSMENT ORDER DATED 17-03-2021 ISSUED BY THE 2ND RESPONDENT FOR THE ASSESSMENT YEAR 2018-19 EXHIBIT P2 – COPY OF APPEAL MEMORANDUM DATED 29-04-2021 AGAINST EXHIBIT P1 EXHIBIT P3 – COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 29-04-2021 IN EXHIBIT P2 APPEAL EXHIBIT P4 – COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 29-04-2021 IN EXT. P2 APPEAL "