KOLARI SERVICE CO-OPERATIVE BANK LTD., V. THE INCOME TAX OFFICER,

WP(C)/27335/2019

AI Insights

The case involves Kolari Service Co-operative Bank Ltd., which filed a writ petition against the assessment orders issued by the Income Tax Officer for various assessment years. The bank had appealed against these orders and filed stay petitions, which were pending before the Commissioner of Income Tax (Appeals). The primary relief sought in the writ petition was for the expeditious consideration of these appeals and stay petitions and to halt recovery actions based on the contested assessments. The court heard the arguments and decided to direct the Commissioner to expedite the process and keep recovery actions on hold until a decision was made on the stay petitions.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 754607 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 15-10-2019
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: CHRISTOPHER ABRAHAM
• Assessee Lawyers: S RAJ; C T SUJA
• Keywords: Assessment orders; Delay condonation; Income Tax; Stay petitions
• Section: 147; 143(3)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 15TH DAY OF OCTOBER 2019/23RD ASWINA, 1941 W.P(C).No.27335 OF 2019 PETITIONER: KOLARI SERVICE CO-OPERATIVE BANK LTD., MATTANNUR, MATTANNUR P.O., THALASSERY, KANNUR – 670702. REPRESENTED BY ITS SECRETARY K.NARAYANAN. BY ADVS.SRI.S.ARUN RAJ SMT.C.T.SUJA RESPONDENTS: 1.THE INCOME TAX OFFICER, WARD – 3, KANNUR RANGE, KANNUR – 670 006. 2.THE PRINCIPAL COMMISSIONER OF INCOME TAX AAYAKAR BHAVAN, NORTH BLOCK, MANANCHIRA, KOZHIKODE – 673 001. 3.THE COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAVAN, MANANCHIRA, KOZHIKODE-673 001. BY SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.27335/2019 : 2 : J U D G M E N T Against Exts.P1, P3, P5 and P7 assessment orders under the Income Tax Act, for the assessment years 2010-11, 2012-13, 2013-14 and 2015-16, the petitioner has preferred Exts.P2, P4, P6 and P8 appeals together with Exts.P9 to P12 stay petitions before the 3rd respondent. In the appeals, mention has also been made of the delay occasioned while filing the appeals. The prayer in the writ petition is for a direction to the 3rd respondent, before whom the appeals and stay petitions are pending, to consider and pass orders on the same, expeditiously, and to keep in abeyance recovery steps, in the meanwhile. 2. I have heard the learned counsel for the petitioner as also the learned Standing Counsel for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with a direction to the 3rd respondent to consider and pass W.P.(C).No.27335/2019 : 3 : reasoned orders on the delay condonation applications and thereafter Exts.P9 to P12 stay petitions within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. Recovery steps for recovery of amounts confirmed against the petitioner by Exts.P1, P3, P5 and P7 assessment orders shall be kept in abeyance till such time as orders are passed by the 3rd respondent, as directed, and communicated to the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 3rd respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE prp/15/10/19 W.P.(C).No.27335/2019 : 4 : APPENDIX PETITIONER'S EXHIBITS: EXT .P1: TRUE COPY OF THE ASSESSMENT ORDER DATED 19.2.2016 PASSED BY THE 1ST RESPONDENT UNDER SECTION 143(3) R.W .S. 147 OF THE ACT FOR THE AY 2010-11. EXT .P2: TRUE COPY OF THE FIRST APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY 2010-11. EXT .P3: TRUE COPY OF THE ASSESSMENT ORDER DATED 27.3.2015 PASSED UNDER SECTION 143(3) FOR THE AY 2012-13. EXT .P4: TRUE COPY OF THE FIRST APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY 2012-13. EXT .P5: TRUE COPY OF THE ASSESSMENT ORDER DATED 16.3.2016 PASSED UNDER SECTION 143(3) FOR THE AY 2013-14. EXT .P6: TRUE COPY OF THE FIRST APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY 2013-14. EXT .P7: TRUE COPY OF THE ASSESSMENT ORDER DATED 27.12.2017 PASSED UNDER SECTION 143(3) FOR THE AY 2015-16. EXT .P8: TRUE COPY OF THE FIRST APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY 2015-16. EXT .P9: TRUE COPY OF THE APPLICATION OF STAY FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY 2010-11. EXT .P10: TRUE COPY OF THE APPLICATION OF STAY FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY 2012-13. EXT .P11: TRUE COPY OF THE APPLICATION OF STAY FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY 2013-14. EXT .P12: TRUE COPY OF THE APPLICATION OF STAY FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY 2015-16. RESPONDENTS EXHIBITS: NIL. //TRUE COPY// P .S. TO JUDGE "