Karuvannur Service Co-operative Bank Limited V. Income Tax Officer, Ward 2(2) and Commissioner of Income Tax (Appeals), National Faceless Appeal Centre

WP(C)/10293/2024

AI Insights

The case involves the Karuvannur Service Co-operative Bank Limited, which challenged the orders of assessment and rectification under the Income Tax Act, 1961 for the assessment year 2009-10. The bank filed appeals against these orders but faced a significant delay of 957 days. The primary relief sought was to suspend the recovery proceedings until the appeals were heard. The court's decision focused on procedural aspects, directing the appellate authority to expedite the consideration of the delay and stay applications.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 795444 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 14-03-2024
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: P R AJITH KUMAR SC
• Assessee Lawyers: K S HARIHARAN NAIR ADVOCATE; G REMADEVI ADVOCATE; HARIMA HARIHARAN ADVOCATE; RAJATH R NATH ADVOCATE; DHEERAJ SASIDHARAN ADVOCATE; SREE HARIDEV ADVOCATE
• Keywords: Assessment; Condonation of delay; Income Tax; Stay of Proceedings
• Section: 143(3)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945 WP(C) NO. 10293 OF 2024 PETITIONER: KARUVANNUR SERVICE CO-OPERATIVE BANK LIMITED, KARUVANNUR P.O, THRISSUR, REPRESENTED BY ITS SECRETARY- IN-CHARGE SRI. RAJESH K.R., PIN – 680 711. BY ADVS. K.S.HARIHARAN NAIR G.REMADEVI HARIMA HARIHARAN RAJATH R NATH DHEERAJ SASIDHARAN SREE HARIDEV RESPONDENTS: 1 INCOME TAX OFFICER, WARD 2(2), AAYAKAR BHAVAN, INCOME TAX OFFICE, SHAKTHAN THAMPURAN NAGAR, THRISSUR, PIN – 680 001. 2 COMMISSIONER OF INCOME TAX (APPEALS), NATIONAL FACELESS APPEAL CENTRE, NEW DELHI, PIN – 110 001. SRI P. R. AJITH KUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 10293 OF 2024 2 JUDGMENT The petitioner suffered Ext.P1 order of assessment under the Income Tax Act, 1961 for the assessment year 2009-10. Ext.P1(a) is an order rectifying the assessment for the same assessment year. The petitioner has filed Exts.P2 and P2(a) appeals against Exts.P1 and P1(a) orders together with Exts.P3 and P3(a) applications for condonation of delay and Exts.P4 and P4(a) applications for stay. The petitioner prays that till orders are passed on Exts.P3, P3(a), P4 and P4(a) applications, recovery proceedings pursuant to Exts.P1 and P1(a) may be kept in abeyance. 2. The learned Standing Counsel appearing for the respondent Department points out that there is inordinate delay of 957 days in filing the appeals. It is submitted that in such circumstances, the petitioner is not entitled to any relief in this writ petition. Having heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent Department and having regard to the limited nature of relief sought for by the petitioner, this writ petition will stand WP(C) NO. 10293 OF 2024 3 disposed of directing the 2nd respondent to consider and pass orders on Exts.P3 and P3(a) applications for condonation of delay and also on Exts.P4 and P4(a) applications for stay, within a period of three months from the date of receipt of a certified copy of this judgment. Till such time as orders are passed on Exts.P3, P3(a), P4 and P4(a) applications, any proceedings for recovery of amounts due under Exts.P1 and P1(a) orders shall remain suspended. It is made clear that the appellate authority needs to pass orders on Exts.P4 and P4(a) applications for stay on merits only if it decides to condone the delay in filing Exts.P2 and P2(a) appeals. Sd/- GOPINATH P. JUDGE DK WP(C) NO. 10293 OF 2024 4 APPENDIX OF WP(C) 10293/2024 PETITIONER EXHIBITS Exhibit P1 COPY OF ASSESSMENT ORDER DATED 07-12- 2016 ISSUED BY THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2009-10 Exhibit P1(a) COPY OF RECTIFICATION ORDER DATED 03- 01-2019 ISSUED BY THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2009-10 Exhibit P2 COPY OF APPEAL MEMORANDUM DATED 06- 12-2023 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT AGAINST EXT.P1. Exhibit P2(a) COPY OF APPEAL MEMORANDUM DATED 06- 12-2023 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT AGAINST EXT.P1(A). Exhibit P3 COPY OF THE DELAY CONDONATION PETITION DATED 06-12-2023 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT IN EXT. P2 APPEAL Exhibit P3(a) COPY OF THE DELAY CONDONATION PETITION DATED 06-12-2023 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT IN EXT. P2(A) APPEAL Exhibit P4 COPY OF THE STAY PETITION DATED 06- 12-2023 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT IN EXT. P2 APPEAL Exhibit P4(a) COPY OF THE STAY PETITION DATED 06- 12-2023 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT IN EXT. P2(A) APPEAL "