M/S. KOPPAM SERVICE CO-OP . BANK LTD. V. THE INCOME TAX OFFICER

WP(C)/7981/2018

AI Insights

The case involves M/s. Koppam Service Co-op. Bank Ltd., the petitioner, who is an assessee under the Income Tax Act, contesting the delay by the Commissioner of Income Tax (Appeals) in deciding on their stay applications related to assessment orders for the years 2013-14, 2014-15, and 2015-16. The petitioner had filed appeals against the assessment orders and simultaneously requested stays on these orders. The primary grievance was the inaction of the appellate authority in resolving the stay applications, which led to the initiation of proceedings for the realization of the assessed amounts. The court's intervention was sought to expedite the decision-making process regarding the stay applications to prevent further financial actions based on the contested assessments.

• Counselvise Citation: [2018] 140 COUNSELVISE.COM (IT) 697675 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 09-03-2018
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: T M SREEDHARAN; DIVYA RAVINDRAN; V P NARAYANAN
• Keywords: Assessment Order; Income Tax; Realisation of amounts; Stay Application
• Section: 220(6)

Judgement Text

" IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR FRIDAY, THE 9TH DAY OF MARCH 2018 / 18TH PHALGUNA, 1939 WP(C).No. 7981 of 2018 PETITIONER(S) M/S. KOPPAM SERVICE CO-OP . BANK LTD. PULASSERY POST, KOPPAM, PALAKKAD DISTRICT, PIN: 679 307 REPRESENTED BY ITS SECRETARY, SHRI.HARINARAYANAN V.P BY ADVS.SRI.T.M.SREEDHARAN (SR.) SMT.DIVYA RAVINDRAN SRI.V.P.NARAYANAN RESPONDENT(S): 1. THE INCOME TAX OFFICER WARD -3, PALAKKAD 678 001. 2. THE COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAWAN, SAKTHAN THAMPURAM NAGAR, THRISSUR 680 001. R BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7981 of 2018 (W) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 7/6/2012 ISSUED BY THE ASSISTANT REGISTRAR (GENERAL), OTTAPALAM EXHIBIT P2 TRUE COPY OF ASST. ORDER AND DEMAND NOTICE DATED 23/3/2016 FOR THE ASST. YEAR 2013-14 PASSED BY THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF ASST. ORDER AND DEMAND NOTICE DATED 21/12/2016 FOR THE ASST. YEAR 2014-15 PASSED BY THE 1ST RESPONDENT EXHIBIT P4 TRUE COPY OF ASST. ORDER AND DEMAND NOTICE DATED 28/11/2017 FOR THE ASST. YEAR 2015-16 PASSED BY THE 1ST RESPONDENT EXHIBIT P5 TRUE COPY OF MEMORANDUM OF APPEAL DATED 23/4/2016 FOR THE ASST. YEAR 2013-14 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P5(A) TRUE COPY OF THE STAY PETITION DATED 23/4/2016 FOR THE ASST. YEAR 2013-14 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF MEMORANDUM OF APPEAL DATED 23/1/2017 FOR THE ASST. YEAR 2014-15 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P6(A) TRUE COPY OF THE STAY PETITION DATED 23/1/2017 FOR THE ASST. YEAR 2014-15 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P7 TRUE COPY OF MEMORANDUM OF APPEAL DATED 4/1/2018 FOR THE ASST. YEAR 2015-16 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P7(A) TRUE COPY OF THE STAY PETITION DATED 4/1/2018 FOR THE ASST. YEAR 2015-16 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P8 TRUE COPY OF PETITION FILED U/S.220(6) OF THE ACT DATED 25/4/2016 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST. YEAR 2013-14 EXHIBIT P8(A) TRUE COPY OF PETITION FILED U/S.220(6) OF THE ACT DATED 23/1/2017 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST. YEAR 2014-15 EXHIBIT P8(B) TRUE COPY OF PETITION FILED U/S.220(6) OF THE ACT DATED 4/1/2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST. YEAR 2015-16 RESPONDENT'S EXHIBITS : NIL //TRUE COPY// SD/- P.A. TO JUDGE SKS P .B.SURESH KUMAR, J. = = = = = = = = = = = = = W.P .(C).No.7981 of 2018 = = = = = = = = = = = = = Dated this the 9th day of March, 2018 J U D G M E N T Petitioner is an assessee under the Income T ax Act (the Act) on the rolls of the first respondent. Aggrieved by Exts.P2 to P4 assessment orders, the petitioner preferred Exts.P5 to P7 appeals before the second respondent. Exts.P5(a), P6(a) and P7(a) are the applications for stay preferred by the petitioner in the appeals. The grievance of the petitioner in the writ petition concerns the delay on the part of the second respondent in passing orders on Exts.P5(a), P6(a) and P7(a) applications for stay. It is alleged by the petitioner in the writ petition that proceedings have already been initiated for realisation of the amounts covered by Exts.P2 to P4 assessment orders. The petitioner, therefore, seeks appropriate directions in this regard, in this writ petition. 2. Heard the learned counsel for the petitioner as also the learned Standing Counsel for the respondents. Having regard to the facts and circumstances of the W.P. (c) No.7981/2018 -2- case, I deem it appropriate to dispose of the writ petition directing the second respondent to take a decision on Exts.P5(a), P6(a) and P7(a) applications for stay, within two months from the date of receipt of a copy of this judgment. Ordered accordingly. Needless to say that until orders are passed on Exts.P5(a), P6(a) and P7(a) applications for stay, further proceedings for realisation of the amounts covered by Exts.P2 to P4 assessment orders shall be deferred. Sd/- P .B.SURESH KUMAR, JUDGE. SKS "