Kerala State Co-operative Bank Ltd. V. Union of India and Assistant Commissioner of Income Tax, Circle 2(1) and Deputy Commissioner of Income Tax, Circle (2)(1) and Additional Commissioner of Income Tax, Range-2 and Principal Commissioner of Income Tax

WP(C)/7720/2020

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The case involves the Thiruvananthapuram District Co-operative Bank Ltd., now renamed as the Kerala State Co-operative Bank Ltd., which filed a writ petition against various officials of the Income Tax Department and the Union of India. The petition was related to issues arising from tax assessments and subsequent notices for demand and penalty under the Income Tax Act. The petitioner, represented by Adv. S.V. Rajan, submitted that the matter had been settled, leading to the withdrawal of the petition and its dismissal by the court.

• Counselvise Citation: [2021] 140 COUNSELVISE.COM (IT) 701171 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 16-11-2021
• Assessment Year: misc
• Other Referred Cases: WPC.No.7761/2009, WPC.No.34191/2018
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: S MANU; CHRISTOPHER ABRAHAM
• Assessee Lawyers: S V RAJAN
• Keywords: Assessment Order; Demand notice; Income Tax; Penalty proceedings; Recovery proceedings; Writ petition; Seizure of Books of Accounts
• Section: 143(3); 203AA

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 16TH DAY OF NOVEMBER 2021 / 25TH KARTHIKA, 1943 WP(C) NO. 7720 OF 2020 PETITIONER: THE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD.NO.4312, HEAD OFFICE, FORT.P.O., THIRUVANANTHAPURAM-695023, KERALA, RENAMED AS THE KERALA STATE CO-OPERATIVE BANK LTD., REPRESENTED BY ITS GENERAL MANAGER S.KUMAR, AGED 56, S/O.SRI.SREEDHARAN NAIR, RESIDING AT 'SANKAR', SWATHY NAGAR, PEROORKADA.P.O., THIRUVANANTHAPURAM-695005. BY ADVS. S.V.RAJAN SRI.S.HEMANTH SANTHOSH SMT.SHIBI. K.P. SMT.APARNA SUKUMARAN SRI.C.K.SUNIL SMT.V.K.GAYATHRI DEVI SRI.A.N.PREMLAL RESPONDENTS: 1 UNION OF INDIA, REPRESENTED BY THE FINANCE SECRETARY, GOVERNMENT OF INDIA, MINISTRY OF FINANCE, NORTH BLOCK, NW DELHI-110001. 2 ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2(1), INCOME TAX DEPARTMENT, THIRUVANANTHAPURAM, KOWDIAR.P.O., KERALA STATE, PINCODE-695003. 3 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE (2)(1), INCOME TAX DEPARTMENT, THIRUVANANTHAPURAM, KOWDIAR.P.O., KERALA STATE, PINCODE-695003. 4 THE ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-2, INCOME TAX DEPARTMENT, THIRUVANANTHAPURAM, KOWDIAR, KERALA STATE, PINCODE-695003. 5 THE PRINCIPAL COMMISSIONER OF INCOME TAX, OFFICE OF PRINCIPAL COMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAM, KOWDIAR.P.O., KERALA STATE, PINCODE- 695003. SRI.S.MANU,ASGI,SRI.CHRISTOPHER ABRAHAM,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7720 OF 2020 2 BECHU KURIAN THOMAS, J ---------------------- W.P.(C)No. 7720 of 2020 ------------------------ Dated this the 16th day of November, 2021 JUDGMENT Adv.S.V.Rajan the learned Counsel for the petitioner submits that the matter has been settled. Recording the aforesaid submission, this writ petition is dismissed as withdrawn. Sd/- BECHU KURIAN THOMAS JUDGE AJ/16.11.2021 WP(C) NO. 7720 OF 2020 3 APPENDIX OF WP(C) 7720/2020 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE ASSESSMENT ORDER DATED 24.12.2019 MADE UNDER SECTION 143(3) OF THE INCOME TAX ACT BY THE RESPONDENT NO.2 UNDER REF NO.DIN & ORDER NO.ITBA/AST/S/143(3)/2019- 20/1023032927(1). EXHIBIT P2 THE TRUE COPY OF THE DEMAND NOTICE DATED 24.12.2019 UNDER REF.NO.DIN & NOTICE NO.ITBA/AST/S/156/2019-20/1023032996(1) ISSUED BY THE 2ND & 3RD RESPONDENT. EXHIBIT P3 THE TRUE COPY OF THE NOTICE DATED 24.12.2019 FOR PENALTY PROCEEDINGS UNDER REF.NO.DIN & NOTICE NO.ITBA/PNL/S/270A/2019-20/1023033067(1) ISSUED BY THE RESPONDENT NO.2 & 3. EXHIBIT P4 THE TRUE COPY OF THE DEMAND NOTICE (RECOVERY PROCEEDINGS) DATED 30.1.2020 UNDER REF.NO.ITBA/COM/F/17/2019- 20/1024522992(1). EXHIBIT P5 THE TRUE COPY OF THE INVENTORY LIST DATED 1.2.2019 REGARDING THE SEIZURE OF BOOKS OF ACCOUNTS ISSUED BY THE RESPONDENT NO.3 TO THE PETITIONER. EXHIBIT P6 THE TRUE COPY OF THE JUDGMENT DATED 29.3.2019 OF THE HON'BLE HIGH COURT OF KERALA IN WPC.NO.7761/2009. EXHIBIT P7 THE TRUE COPY OF THE ASSESSMENT ORDER DATED 29.3.2016 ISSUED BY THE RESPONDENT NO.2. EXHIBIT P8 THE TRUE COPY OF THE PAGE NO.99 TO 100 OF THE AUDIT NOTE BOOK FOR THE PETITIONER PREPARED BY GOVERNMENT OF WP(C) NO. 7720 OF 2020 4 KERALA FOR THE PETITIONER BANK. EXHIBIT P9 THE TRUE COPY OF THE JUDGMENT DATED 29.10.2018 OF THE HON'BLE HIGH COURT OF KERALA IN WPC.NO.34191/2018. EXHIBIT P10 THE TRUE COPY OF THE ANNUAL TAX STATEMENT (FORM 26 AS) FOR THE ASSESSMENT YEAR 2017-2018 SUBMITTED BY THE PETITIONER UNDER SECTION 203AA OF THE INCOME TAX ACT. EXHIBIT P11 THE TRUE COPY OF THE OFFICE MEMORANDUM DATED 31.7.2017 UNDER REF.NO.F.NO.404/72/93-ITCC. "