M/S.KALLETTUMKARA SERVICE CO-OPERATIVE BANK LIMITED V. THE INCOME TAX OFFICER

WP(C)/34353/2018

AI Insights

The case involves M/s. Kallettumkara Service Co-operative Bank Limited, which faced adverse orders in assessment proceedings and subsequently filed an appeal. The appellate authority imposed a condition requiring the payment of 30% of the disputed tax to stay further proceedings. The petitioner challenged this condition through a writ petition. The court, while not addressing the merits of the case, decided to extend the time for the petitioner to comply with the payment condition, considering the recent developments and the petitioner's argument of a favorable settlement at the Tribunal level in a different matter.

• Counselvise Citation: [2018] 140 COUNSELVISE.COM (IT) 755116 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 23-10-2018
• 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; ARYA ANIL; NILOOFER NIZAM; R SREEJITH
• Keywords: Assessment proceedings; Conditional Order; Income Tax; Stay Petition; Writ petition
• Section: 220(6)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU TUESDAY ,THE 23RD DAY OF OCTOBER 2018 / 1ST KARTHIKA, 1940 WP(C).No. 34353 of 2018 PETITIONER/S: M/S.KALLETTUMKARA SERVICE CO-OPERATIVE BANK LIMITED, KALLETTUMKARA, THRISSUR-680683, REPRESENTED BY ITS SECRETARY SMT. E.P. DAISY. BY ADVS. SRI.ANIL D. NAIR SMT. ARYA ANIL SMT. NILOOFAR O. NIZAM SRI.R.SREEJITH RESPONDENT/S: 1 THE INCOME TAX OFFICER WARD-2(2), THRISSUR-680001 2 THE COMMISSIONER OF INCOME TAX (APPEALS) THRISSUR 680 001 3 THE PRINCIPLE COMMISSIONER OF INCOME TAX, THRISSUR 680 001 OTHER PRESENT: SC SRI. JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- W.P.(C). No. 34353 of 2018 JUDGMENT The petitioner, after suffering adverse orders in assessment proceedings, filed an appeal. In the stay petition, the appellate authority, through Ext.P4 order, imposed a condition: the petitioner should pay 30% of the disputed tax to have the further proceedings stayed. Assailing this condition, the petitioner has filed this writ petition. 2. Both the petitioner's counsel and the Standing Counsel for the Department have advanced submissions extensively on the merits. Nevertheless, this Court is not inclined to go into the merits. 3. When this Court has held that the order cannot be faulted, the petitioner's counsel has pleaded foe enlargement of time. In this context, he has stressed that the issue has been settled at the Tribunal level in the petitioner's favour, in some other matter. 4. Though this Court is not inclined to interfere with the discussion exercised by the appellate authority in Ext.P4, it only meets the ends of justice if the petitioner is given more time to comply with the direction. -3- W.P.(C). No. 34353 of 2018 5. Faced with problem that the order was issued in May 2017, the petitioner's counsel submits that against the conditional order the petitioner approached the Principal Commissioner under 220(6) of the Income Tax Act. As the order of rejection came to be passed very recently, that is on 09.10.2018, the petitioner wanted to have the time originally granted extended. Under these circumstances, the appellate authority will entertain the petitioner's appeal and enforce the stay if the petitioner pays 30% as demanded earlier, in two weeks from today. Sd/- DAMA SESHADRI NAIDU JUDGE das APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 17-3-2016 FOR THE A.Y 2008-09 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT -4- W.P.(C). No. 34353 of 2018 EXHIBIT P3 TRUE COPY OF THE STAY PETITION FILED BEFORE THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE ORDER DATED 23-05- 2017 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE APPLICATION FILED BEFORE THE 3RD RESPONDENT EXHIBIT P6 TRUE COPY OF THE ORDER DATED 9-10-2018 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT EXHIBIT P7 TRUE COPY OF THE NOTICE DATED 10-10- 2018 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT "