THE KAZHAKUTTAM SERVICE CO-OPERATIVE BANK LTD. NO.1457 V. THE INCOME TAX OFFICER

WP(C)/36230/2022

AI Insights

The case involves the Kazhakuttam Service Co-operative Bank Ltd., which filed a writ petition against the Income Tax Officer and other respondents, apprehending recovery actions based on an order (Ext.P9) pending their appeal and stay petition before the Commissioner of Income Tax (Appeals). The bank sought relief from the High Court to halt the recovery process until their stay petition was considered. The court, acknowledging the limited relief sought and the procedural nature of the request, directed the Commissioner of Income Tax (Appeals) to expedite the consideration of the stay petition and hold off on any recovery actions until a decision was made.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 681426 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 14-11-2022
• Assessment Year: misc
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: CHRISTOPHER ABRAHAM; THOMAS ABRAHAM
• Assessee Lawyers: ARJUN T R HARIKUMAR
• Keywords: Appeal; Income Tax; Recovery of Amounts; Stay Petition

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 14TH DAY OF NOVEMBER 2022 / 23RD KARTHIKA, 1944 WP(C) NO. 36230 OF 2022 PETITIONER: THE KAZHAKUTTAM SERVICE CO-OPERATIVE BANK LTD. NO.1457 REPRESENTED BY ITS SECRETARY, KAZHAKUTTAM P.O, THIRUVANANTHAPURAM DISTRICT, PIN – 695 582. BY ADVS. ARJUN RAGHAVAN T.R.HARIKUMAR RESPONDENTS: 1 THE INCOME TAX OFFICER WARD-2(1), OFFICE OF THE INCOME TAX OFFICER, AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN – 695 003. 2 THE COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN – 695 003. 3 THE TREASURY OFFICER SUB-TREASURY, KAZHAKOOTTAM, THIRUVANANTHAPURAM, PIN – 695 582. 4 THE DISTRICT TREASURY OFFICER STATUE, PALAYAM, THIRUVANANTHAPURAM, PIN – 695 001. 5 THE TREASURY DIRECTOR DIRECTORATE OF TREASURIES, KRISHNA BUILDINGS, THYCAUD P.O, THIRUVANATHAPURAM, PIN – 695 014 6 THE KERALA STATE CO-OPERATIVE BANK REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, P.B NO.6515, CO-BANK TOWERS, PALAYAM, THIRUVANATHAPURAM, PIN – 695 033. BY ADVS. CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT SRI.THOMAS ABRAHAM, SC, THIRUVANANTHAPURAM DISTRICT CO.OPERATIVE BANK LIMITED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.36230/2022 2 JUDGMENT Petitioner has approached this Court apprehending that steps may be taken to recover the amounts determined vide Ext.P9 order giving effect to the order of the Commissioner of Income Tax (Appeals) pending consideration of a further appeal filed by the petitioner before the 2nd respondent along with a stay petition. Ext.P10 is the appeal filed by the petitioner and Ext.P11 is the stay petition. 2. Heard the learned Standing Counsel also. 3. Having regard to the facts and circumstances of the case and considering the limited nature of relief sought for by the petitioner, this writ petition will stand disposed of directing the 2nd respondent to consider and pass orders on Ext.P11 stay petition filed in Ext.P10 appeal after affording to the petitioner an opportunity of being heard within a period of three months from the date of receipt of a certified copy of this judgment. Till such time the orders are passed, any step to recover amounts due in terms of Ext.P9 shall be kept in abeyance. Sd/- GOPINATH P. JUDGE ats W.P.(C)No.36230/2022 3 APPENDIX OF WP(C) 36230/2022 PETITIONER EXHIBITS Exhibit 1 A TRUE COPY OF THE ASSESSMENT ORDER ALONG WITH COMPUTATION SHEET AND NOTICE OF DEMAND DATED 20-12-2019 Exhibit-P2 A TRUE COPY OF THE ORDER DATED 30-07-2022 ISSUED BY THE 2ND RESPONDENT Exhibit-P3 A TRUE COPY OF THE APPEAL MEMORANDUM ALONG WITH AFFIDAVIT AND CHELAN DATED 23-09-2022, FILED BY THE PETITIONER BEFORE THE TRIBUNAL Exhibit-P4 A TRUE COPY OF THE STAY PETITION DATED 23-09- 2022 FILED IN EXT-P3 APPEAL Exhibit-P5 A TRUE COPY OF THE JUDGMENT DATED 29-09-2022 IN WP(C) NO.31065 OF 2022 OF THIS HON'BLE COURT Exhibit-P6 A TRUE COPY OF THE NOTICE DATED 16-08-2022 ISSUED BY THE 1ST RESPONDENT Exhibit-P7 A TRUE COPY OF THE NOTICE DATED 22-09-2022 ISSUED BY THE 1ST RESPONDENT Exhibit-P8 A TRUE COPY OF THE REQUEST DATED 06-10-2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH ACKNOWLEDGMENT Exhibi-P9 A TRUE COPY OF THE ORDER DATED 31-10-2022 ALONG WITH THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT Exhibit-P10 A TRUE COPY OF THE STATUTORY APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH ACKNOWLEDGEMENT DATED 01-11-2022 Exhibit-P11 A TRUE COPY OF THE STAY PETITION DATED 01-11- 2022, FILED IN EXT-P10 APPEAL "