KANAYANNUR SERVICE CO-OPEATIVE BANK LTD V. INCOME TAX OFFICER

WP(C)/2625/2020

AI Insights

The case involves Kanayannur Service Co-operative Bank Ltd, which filed a writ petition against the Income Tax Officer and other tax authorities concerning demand notices issued for recovery of disputed tax amounts. The petitioner had filed appeals and stay petitions against the assessment orders but contended that the demand notices were issued during the pendency of these petitions. The court heard arguments from both sides and decided to stay the enforcement of the demand notices until the stay applications were resolved, emphasizing the need for a timely decision on these applications to prevent undue hardship to the petitioner.

• Counselvise Citation: [2020] 140 COUNSELVISE.COM (IT) 758467 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 30-01-2020
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: CHRISTOPHER ABRAHAM
• Assessee Lawyers: C A JOJO; MATHEWS JOSEPH
• Keywords: Appeal; Assessment Order; Demand notice; Income Tax; Stay Petition
• Section: 156; 221(1)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS THURSDAY, THE 30TH DAY OF JANUARY 2020 / 10TH MAGHA, 1941 WP(C).No.2625 OF 2020(C) PETITIONER: KANAYANNUR SERVICE CO-OPEATIVE BANK LTD NO. 115, CHOTTANIKKARA P.O. ERNAKULAM 682312, REPRESENTED BY ITS SECRETARY. BY ADVS. SRI.C.A.JOJO SRI.MATHEWS JOSEPH RESPONDENTS: 1 INCOME TAX OFFICER WARD 1 (3), KOCHI, CENTRAL REVENUE TOWER, KOCHI 682 018. 2 COMMISSIONER OF INCOME TAX (APPEALS)-2, OFFICE OF THE COMMISSIONER OF INCOME TAX, CENTRAL REVENUE TOWER, , KOCHI 682 018. 3 JOINT COMMISSIONER OF INCOME TAX, CENTRAL REVENUE TOWER , KOCHI 682 018. SRI. CHRISTOPHER ABRAHAM SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) No.2625 of 2020 2 ALEXANDER THOMAS, J. =========================== W.P(C) No.2625 of 2020 =========================== Dated this the 30th day of January, 2020 JUDGMENT Against Exts.P1 and P6 orders, the petitioner has filed Exts.P3 and P8 appeals and Exts.P4 and P9 stay petitions. The petitioner's grievance is that during the pendency of the stay petitions, Exts.P2 and P7 demand notices have been issued for enforcement of the impugned Exts.P1 and P6 orders by the assessing authority for recovery of the disputed amounts. 2. Heard Sri.C.A.Jojo, learned counsel appearing for the petitioner and Sri.Christopher Abraham, learned standing counsel appearing for the respondents. 3. After hearing both sides and after taking note of the facts and circumstances of the case, it is ordered in the interest of justice that the 2nd respondent shall take up the matters in Exts.P4 and P9 stay applications filed in Exts.P3 and P8 appeals and after affording reasonable opportunity of being heard to the petitioner through their W.P(C) No.2625 of 2020 3 authorised representative/counsel, if any, shall pass orders on those applications without much delay, preferably within a period of two months from the date of production of a certified copy of this judgment. Until orders are thus passed on the abovesaid Exts.P4 and P9 stay applications, further coercive steps pursuant to Exts.P2 and P7 demand notices for enforcement of the impugned Exts.P1 and P6 orders will be kept in abeyance. With these observations and directions, the above Writ Petition (Civil) stands finally disposed of. Sd/- ALEXANDER THOMAS JUDGE vgd W.P(C) No.2625 of 2020 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER AY 2011-12 DATED 28.12.2016 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P2 A TRUE COPY OF THE DEMAND NOTICE FOR AN AMOUNT OF RS.28,22,760/-U/S. 156 DATED 28.12.2016 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE APPEAL FOR AY 2011-12 BEFORE THE 2ND RESPONDENT DATED 29.01.207. EXHIBIT P4 A TRUE COPY OF THE STAY PETITION FOR AY 2011-12 BEFORE THE 2ND RESPONDENT DATED 14.03.2017. EXHIBIT P5 A TRUE COPY OF THE STAY ORDER OF THE 3RD RESPONDENT DATED 22.05.2017. EXHIBIT P6 A TRUE COPY OF THE ASSESSMENT ORDER FOR AY 2017-18 DATED 12.12.2019 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE DEMAND NOTICE FOR AN AMOUNT OF RS.91,41,563 /U/S- 156 DATED 12.12.2019 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P8 A TRUE COPY OF THE APPEAL FOR AY 2017-18 BEFORE THE 2ND RESPONDENT DATED 13.01.2020. EXHIBIT P9 A TRUE COPY OF THE STAY PETITION FOR AY 2017-18 BEFORE THE 1ST RESPONDENT DATED 15.01.2020. EXHIBIT P10 A TRUE COPY OF THE NOTICE U/S 221(1) ISSUED BY THE 1ST RESPONDENT DATED 17.01.2020. "