KORATTY SERVICE CO-OPERATIVE BANK LIMITED, V. INCOME TAX OFFICER,

WP(C)/21375/2019

AI Insights

The case involves two writ petitions filed by Koratty Service Co-operative Bank Limited and Kollamkunnu Service Co-operative Bank Limited against the Income Tax Officer and the Commissioner of Income Tax (Appeals). The petitions challenged the assessment orders issued for the assessment year 2016-17 and sought a stay on the recovery of the assessed tax pending the appeal. The petitioners relied on a previous judgment (Ext.P5) which had directed the stay of recovery during the pendency of similar appeals. The court, acknowledging the similarity of facts and circumstances with the cited precedent, directed the Commissioner of Income Tax (Appeals) to expedite the hearing of the appeals and stay the recovery proceedings.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 695652 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 09-08-2019
• Assessment Year: misc
• Other Referred Cases: The Mavilayi Service Co-operative Bank Ltd v. The Commissioner of Income Tax, Calicut [2019 (2) KHC 287]
• Laws Referred To: Income Tax Act
• Result in Favour of: Partly Allowed
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: K S NAIR; HARIMA HARIHARAN
• Keywords: Appeal; Assessment Order; Co-operative Bank; Income Tax; Stay of recovery
• Section: 143(3)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI FRIDAY, THE 09TH DAY OF AUGUST 2019 / 18TH SRAVANA, 1941 WP(C).No.21375 OF 2019(V) PETITIONER/S: KORATTY SERVICE CO-OPERATIVE BANK LIMITED, KORATTY, THRISSUR- 680308, REPRESENTED BY ITS SECRETARY SRI.SANIL KUMAR N.G. BY ADVS. SRI.K.S.HARIHARAN NAIR SMT.HARIMA HARIHARAN RESPONDENT/S: 1 INCOME TAX OFFICER, WARD 2(2), AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR, PIN- 680001. 2 THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR, PIN- 680001. SC SRI. JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.08.2019, ALONG WITH WP(C).21367/2019(U), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).Nos.21375 & 21367 OF 2019 -2- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI FRIDAY, THE 09TH DAY OF AUGUST 2019 / 18TH SRAVANA, 1941 WP(C).No.21367 OF 2019(U) PETITIONER/S: KOLLAMKUNNU SERVICE CO-OPERATIVE BANK LIMITED NO.R 314, KALLAMKUNNU, P.O. NADAVARAMBA, THRISSUR-680 661, REPRESENTED BY ITS SECRETARY SRI. GANESH C.K., BY ADVS. SRI.K.S.HARIHARAN NAIR SMT.HARIMA HARIHARAN RESPONDENT/S: 1 THE INCOME TAX OFFICER WARD 2 (2), AYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR-PIN-680 001 2 THE COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR, PIN-680 001 SC SRI. JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.08.2019, ALONG WITH WP(C).21375/2019(V), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).Nos.21375 & 21367 OF 2019 -3- JUDGMENT [ WP(C).21375/2019, WP(C).21367/2019 ] Heard Sri. K.S Hariharan Nair, the learned counsel for the petitioners and Sri. Jose Joseph, the learned Standing Counsel for respondents. 2. Petitioners refer to and rely on Ext.P5 judgment in W.A No.1536 of 2019 and connected cases dated 01.07.2019 to contend that the Division Bench directed disposal of appeals and also stay of recovery during the pendency of the appeals. 3. The learned Standing Counsel admits that the facts of the case are substantially same and similar, the view taken by the Division Bench in Ext.P5 can be followed. The writ petitions are disposed of directing the Commissioner of Income Tax (Appeals)/ 2nd respondent to consider and dispose of the subject statutory appeals filed by the petitioners herein at the earliest taking note of the Full WP(C).Nos.21375 & 21367 OF 2019 -4- Bench decision reported in The Mavilayi Service Co-operative Bank Ltd, v. The Commissioner of Income Tax, Calicut [2019 (2) KHC 287] and to keep in abeyance recovery proceedings and collection of tax assessed, pending disposal of of such appeals. Sd/- S.V.BHATTI JUDGE JS WP(C).Nos.21375 & 21367 OF 2019 -5- APPENDIX OF WP(C) 21375/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER DATED 23.11.2018 ISSUED BY THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2016-17. EXHIBIT P2 COPY OF APPEAL MEMORANDUM DATED 11.01.2019 AGAINST EXT.P1. EXHIBIT P3 COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 11.01.2019. EXHIBIT P4 COPY OF STAY ORDER ISSUED BY THE 2ND RESPONDENT DATED 17.07.2019. EXHIBIT P5 COPY OF JUDGMENT OF DIVISION BENCH OF THIS HON'BLE HIGH COURT OF W.A.NO.1536 OF 2019 PASSED ON 01.07.2019. RESPONDENTS'S/S EXHIBITS: NIL WP(C).Nos.21375 & 21367 OF 2019 -6- APPENDIX OF WP(C) 21367/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER DATED 26.11.2018 ISSUED BY THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2016-17. EXHIBIT P2 COPY OF APPEAL MEMORANDUM DATED 12.01.2019 AGAINST EXT. P1. EXHIBIT P3 COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 12.01.2019. EXHIBIT P4 COPY OF STAY ORDER ISSUED BY THE 2ND RESPONDENT DATED 17.07.2019. EXHIBIT P5 COPY OF JUDGMENT OF DIVISION BENCH OF THIS HON'BLE COURT IN W.A. NO. 1536 OF 2019 PASSED ON 01.07.2019. RESPONDENTS'S/S EXHIBITS: NIL "