KOODARANHI SERVICE CO-OP. BANK LTD. V. INCOME TAX OFFICER, KOZHIKODE

WP(C)/9707/2015

AI Insights

The case involves Koodaranhi Service Co-op. Bank Ltd., which filed a writ petition against the Income Tax Officer and the Commissioner of Income Tax (Appeal) concerning recovery proceedings based on Assessment Orders for the years 2008-2009, 2009-2010, and 2012-2013. The petitioner had previously filed appeals and a stay petition against these orders. The primary legal issue was the continuation of recovery proceedings while the appeals and stay petition were pending. The court's decision focused on ensuring that the petitioner's right to appeal and seek a stay was not undermined by immediate recovery actions.

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 758817 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 26-05-2015
• Assessment Year: misc
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: K M V PANDALAI
• Assessee Lawyers: P S PILLAI; T K SANDEEP; ARJUN SREEDHAR; ARUN DHAN; JOSEPH GEORGE
• Keywords: Assessment Order; Income Tax; Recovery proceedings; Stay Petition

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 26TH DAY OF MAY 2015/5TH JYAISHTA, 1937 WP(C).No. 9707 of 2015 (K) --------------------------- PETITIONER(S): -------------- KOODARANHI SERVICE CO-OP. BANK LTD., NO.L.L.74, KOODARANHI P.O., KOZHIKODE - 673 604, REPRESENTED BY ITS SECRETARY BY ADVS.SRI.P.S.SREEDHARAN PILLAI SRI.T.K.SANDEEP SRI.ARJUN SREEDHAR SRI.ARUN KRISHNA DHAN SRI.JOSEPH GEORGE(MULLAKKARIYIL). RESPONDENT(S): ------------- 1. THE INCOME TAX OFFICER, WARD NO.2(3), AAYANKAR BHAVAN, MANACHIRA, KOZHIKODE - 673 001. 2. THE COMMISSIONER OF INCOME TAX (APPEAL), KOZHIKODE - 673 001. BY SRI.K.M.V.PANDALAI, SC, INCOME TAX DEPARTMENT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rvs. WP(C).No. 9707 of 2015 (K) APPENDIX PETITIONER(S)' EXHIBITS : EXT. P1- A TRUE COPY OF THE ORDER DATED 28.2.2014. EXT. P2- A TRUE COPY OF THE APPEAL DATED 3.4.14 FILED BEFORE THE 2ND RESPONDENT. EXT. P3- A TRUE COPY OF THE ORDER DATED 1.8.2014 ISSUED BY THE 1ST RESPONDENT. EXT. P4- A TRUE COPY OF THE LETTER DATED 9.8.2014 SUBMITTED TO THE 1ST RESPONDENT. EXT. P5- A TRUE COPY OF THE ORDER DATED 16/12/2014 ISSUED BY 1ST RESPONDENT. EXT. P6- A TRUE COPY OF THE COMPUTERISED RECEIPT ISSUED BY STATE BANK OF INDIA DATED NIL. EXT. P7- A TRUE COPY OF THE DEMAND NOTICE DATED 30.10.2014 FOR AY 2009-10 ISSUED BY 1ST RESPONDENT. EXT. P8- A TRUE OCPY OF THE DEMAND NOTICE DATED 29.10.2014 FOR AY 2012-13 ISSUED BY 1ST RESPONDENT. EXT. P9- A TRUE COY OF THE COVERING LETTER DATED 9.12.2014 IN RESPECT OF ASSESSMENT ORDER FOR AY 2009-10 SUBMITTED IN APPEAL BY THE PETITIONER. EXT. P10- A TRUE COPY OF THE COVERING LETTER DATED 9.12.2014 IN RESPECT OF ASSESSMENT ORDER FOR AY 2012-13 SUBMITTED IN APPEAL BY THE PETITIONER. EXT. P11- A TRUE COPY OF THE NOTICE DATED 6.3.2015 IN RESPECT OF ASSESSMENT ORDER FOR AY 2009-10. EXT. P12- A TRUE COY OF THE NOTICE DATED 6.3.2015 IN RESPECT OF ASSESSMENT ORDER FOR AY 2012-13. EXT. P13- A TRUE COPY OF THE STAY PETITION FILED BY PETITIONER ALONG WITH EXT.P2 APPEAL. EXT. P14- A TRUE COPY OF THE APPEAL MEMORANDUM (IN CONNECTION WITH AY 2009-10) DATED 02/12/2014 ALONG WITH STAY PETITION FILED BEFORE THE 2ND RESPONDENT. EXT. P15- A TRUE COPY OF THE APPEAL MEMORANDUM (IN CONNECTION WITH AY 2012-13) DATED 03/12/2014 ALONG WITH STAY PETITION FILED BEFORE THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS : NIL. /TRUE COPY/ P.A.TO JUDGE RVS. A.MUHAMED MUSTAQUE, J. -------------------------------------------- W.P.(C).No. 9709 of 2015 ---------------------------------------------------- Dated this the 26th day of May,2015 J U D G M E N T ------------------------- The petitioner, as against Ext.P1 Assessment order for the year 2008-2009, 2009-2010 and 2012-13 filed appeal before the 2nd respondent. The petitioner also filed an application for stay against the recovery proceedings of Assessment order. The petitioner approached this Court on account of the recovery proceedings pursuant to Assessment Order. 2. In view of the above, there shall be a direction to the 2nd respondent to consider the stay petition within a period of two months after issuing notice to the petitioner. Till the disposal of stay application, all recovery proceedings based on Assessment Order shall be kept abeyance. The petitioner shall produce the copy of the W.P.(C).No.9707 of 2015 2 judgment along with the writ petition before the 2nd respondent for compliance The writ petition is disposed of as above. Sd/ A.MUHAMED MUSTAQUE, JUDGE jm/ "