M/S. KODUNGALLUR TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.R.1353 V. THE INCOME TAX OFFICER

WP(C)/2404/2020

AI Insights

The case involves M/s. Kodungallur Taluk Primary Co-operative Agricultural and Rural Development Bank Ltd., the petitioner, who challenged the coercive recovery proceedings initiated by the Income Tax Officer, Ward 2(5), Thrissur, the 1st respondent, during the pendency of their stay petitions related to appeals against the assessment orders for the assessment years 2012-13 and 2017-18. The petitioner argued that the initiation of these proceedings was unjustified while their stay petitions were still pending. The court heard arguments from both sides and decided to keep the recovery proceedings in abeyance 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) 695403 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 29-01-2020
• Assessment Year: misc
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: V P NARAYANAN; T M SREEDHARAN; NISHA JOHN; DIVYA RAVINDRAN; R BHASKARA KRISHNAN
• Keywords: Coercive Recovery; Income tax appeal; Stay Petition

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNESDAY, THE 29TH DAY OF JANUARY 2020 / 9TH MAGHA, 1941 WP(C).No.2404 OF 2020(A) PETITIONER: M/S. KODUNGALLUR TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.R.1353 KODUNGALLUR, THRISSUR DISTRICT, PIN-680 664, REPRESENTED BY ITS SECRETARY SHRI.SHOUKATHALI.K.K. BY ADVS. SRI.V.P.NARAYANAN SRI.T.M.SREEDHARAN (SR.) SMT.NISHA JOHN SMT.DIVYA RAVINDRAN SRI.R.BHASKARA KRISHNAN RESPONDENTS: 1 THE INCOME TAX OFFICER WARD 2(5), THRISSUR-680 001. 2 THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAWAN, SAKTHAN THAMPURAN NAGAR, THRISSUR-680 001. ADV. SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.2404 OF 2020(A) 2 ALEXANDER THOMAS, J. =========================== W.P(C) No.2404 of 2020 =========================== Dated this the 29th day of January, 2020 JUDGMENT Against Exts.P1 & P2 orders, the petitioner has filed Exts.P3 & P4 appeals and Exts.P3(a) & P4(a) stay petitions. The petitioner's grievance is that during the pendency of the stay petitions, coercive recovery proceedings have been initiated by the assessing authority for recovery of the disputed amounts. 2. Heard Smt.Nisha John, learned counsel appearing for the petitioner and Sri.Jose Joseph, 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 2 nd respondent shall take up the matters in Exts.P3(a) & P4(a) stay applications filed in Exts.P3 & P4 appeals and after affording reasonable opportunity of being heard to the petitioner through their authorised representative/counsel, if any, shall pass orders on those applications WP(C).No.2404 OF 2020(A) 3 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 stay applications, further coercive steps for enforcement of the impugned order will be kept in abeyance. With these observations and directions, the above Writ Petition (Civil) stands finally disposed of. Sd/- ALEXANDER THOMAS JUDGE vgd WP(C).No.2404 OF 2020(A) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 30.12.2019 FOR AY-2012-13 ALONG WITH DEMAND NOTICE PASSED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF ASSESSMENT ORDER DATED 30.12.2019 FOR AY-2017-18 ALONG WITH DEMAND NOTICE PASSED BY THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 15.01.2020 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR AY-2012-13. EXHIBIT P3 A TRUE COPY OF THE STAY PETITION DATED 15.01.2020 FILED BY THE PETITIONER FOR AY- 2012-13 BEFORE THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 15.01.2020 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR AY-2017-18. EXHIBIT P4 A TRUE COPY OF THE STAY PETITION DATED 15.01.2020 FILED BY THE PETITIONER FOR AY 2017-18 BEFORE THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 15.01.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR AY 2012-13. EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 15.01.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR AY 2017-18. "