KUDAYATHOOR SERVICE CO-OPERATIVE BANK LTD V. COMMISSIONER OF INCOME - TAX (APPEALS)-II

WP(C)/5992/2020

AI Insights

The case involves Kudayathoor Service Co-operative Bank Ltd, which filed a writ petition against the Commissioner of Income Tax (Appeals)-II and the Income Tax Officer, Ward 2, Thodupuzha, concerning the assessment orders for various assessment years. The petitioner sought a stay on the recovery proceedings and collection of taxes assessed, pending the appeal against these orders. The court referenced a similar case, W.A No.1536 of 2019, where a stay was granted during the appeal's pendency. The court's decision was influenced by the precedents set in the Full Bench decision regarding the procedural handling of such tax appeals.

• Counselvise Citation: [2020] 140 COUNSELVISE.COM (IT) 691563 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 28-02-2020
• 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: Others
• Court: HIGH COURT
• Department Lawyers: CHRISTOPHER ABRAHAM
• Assessee Lawyers: A KUMAR; P J ANILKUMAR; G MINI; P S SREE PRASAD; ABRAHAM JOB; AJAY ANAND
• Keywords: Appeal; 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 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941 WP(C).No.5992 OF 2020(Y) PETITIONER: KUDAYATHOOR SERVICE CO-OPERATIVE BANK LTD, KUDAYATHOOR P.O., THODUPUZHA, PIN-685 591., REPRESENTED BY ITS SECRETARY MR.MICHAEL FRANCIS. BY ADVS. SRI.A.KUMAR SRI.P.J.ANILKUMAR SMT.G.MINI(1748) SRI.P.S.SREE PRASAD SRI.ABRAHAM JOB SRI.AJAY V.ANAND RESPONDENTS: 1 COMMISSIONER OF INCOME - TAX (APPEALS)-II, POORNIMA BUILDINGS, PANAMPILLY NAGAR, KOCHI - 682 036. 2 INCOME TAX OFFICER, WARD 2, THODUPUZHA, MAHIMA TOWERS, TEMPLE ROAD, THODUPUZHA-685 584. SRI. CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.5992 OF 2020(Y) 2 JUDGMENT Dated this the 28th day of February, 2020 Heard Sri. A.Kumar, the learned counsel for the petitioner and Sri. Christopher Abraham, the learned Standing Counsel for respondents. 2. Petitioner refers to and relies on judgment dated 01.07.2019 in W.A No.1536 of 2019 and connected cases to contend that the Division Bench directed disposal of appeal and granted stay of recovery proceedings during the pendency of the appeal. 3. The learned Standing Counsel admits that the facts of the case are substantially same and similar to the facts noted by the Division Bench in W.A. No.1536 of 2019, hence can be followed. Hence, the writ petition is disposed of directing the Commissioner of Income Tax (Appeals)/ 1st respondent to consider and dispose of the statutory appeal filed by the petitioner herein at the earliest taking note of the Full Bench decision reported in The Mavilayi Service Co-operative Bank Ltd, v. The Commissioner of WP(C).No.5992 OF 2020(Y) 3 Income Tax, Calicut [2019 (2) KHC 287] and to keep in abeyance recovery proceedings and collection of tax assessed, pending disposal of such appeal. Sd/- S.V. BHATTI JUDGE SR WP(C).No.5992 OF 2020(Y) 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER FOR AY 2012- 13 DATED 27.03.2015. EXHIBIT P1 (a) TRUE COPY OF ASSESSMENT ORDER FOR AY 2013- 14 DATED 19.03.2016. EXHIBIT P1 (b) TRUE COPY OF ASSESSMENT ORDER FOR AY 2014- 15 DATED 22.12.2016. EXHIBIT P1 (c) TRUE COPY OF ASSESSMENT ORDER FOR AY 2017- 18 DATED 19.12.2019. EXHIBIT P2 TRUE COPY OF APPEAL IN FORM 35 FOR AY 2012- 13 DATED 14.07.2015. EXHIBIT P2 (a) TRUE COPY OF APPEAL IN FORM 35 FOR AY 2013- 14 DATED 22.04.2016. EXHIBIT P2 (b) TRUE COPY OF APPEAL IN FORM 35 FOR AY 2014- 15 DATED 30.01.2017. EXHIBIT P2 (c) TRUE COPY OF APPEAL IN FORM 35 FOR AY 2017- 18 DATED 30.01.2020. EXHIBIT P3 TRUE COPY OF APPLICATION FOR STAY FOR AY 2012-13 DATED 20.02.2020. EXHIBIT P3 (a) TRUE COPY OF APPLICATION FOR STAY FOR AY 2013-14 DATED 20.02.2020. EXHIBIT P3 (b) TRUE COPY OF APPLICATION FOR STAY FOR AY 2014-15 DATED 20.02.2020. EXHIBIT P3 (c) TRUE COPY OF APPLICATION FOR STAY FOR AY 2017-18 DATED 20.02.2020. EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THE HON'BLE DIVISION BENCH IN WRIT APPEAL 1529/2019 DATED 01.07.2019. SR //True copy// PA to Judge "