KUTHUPARAMBA CO-OPERATIVE RURAL BANK LTD., V. THE INCOME TAX OFFICER,

WP(C)/32833/2019

AI Insights

Kuthuparamba Co-operative Rural Bank Ltd. filed a writ petition against the assessment and rectification orders issued by the Income Tax Officer, Kannur, and appealed to the Commissioner of Income Tax (Appeals). The petitioner sought a stay on the recovery of the confirmed demand, which was partially granted by the Commissioner of Income Tax, requiring a 20% payment of the assessed amounts. The petitioner requested the court to direct the appellate authority to keep the recovery steps in abeyance during the appeal, citing similar past judgments. The court, referencing its previous decisions, directed the appellate authority to resolve the appeal within six months and suspended the recovery actions until the appeal's resolution.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 754504 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 03-12-2019
• Assessment Year: misc
• Other Referred Cases: WP(C) No. 28170 of 2019
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: CHRISTOPHER ABRAHAM
• Assessee Lawyers: S RAJ
• Keywords: Appeal; Assessment Order; Income Tax; Recovery Steps; Rectification Order; Stay Application
• Section: 143(3); 154; 220(6)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 03RD DAY OF DECEMBER 2019 / 12TH AGRAHAYANA, 1941 WP(C).No.32833 OF 2019(D) PETITIONER: KUTHUPARAMBA CO-OPERATIVE RURAL BANK LTD., F 1261, P.O KUTHUPARAMBA, KANNUR 670 643 REPRESENTED BY ITS SECRETARY YAMUNA T.P BY ADV. SRI.S.ARUN RAJ RESPONDENTS: 1 THE INCOME TAX OFFICER, WARD-2, 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, MANACHIRA, KOZHIKODE 673 001 OTHER PRESENT: SC , CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.32833 OF 2019 2 JUDGMENT Against Exts.P1 and P1(a) assessment/rectification orders under the Income Tax Act, the petitioner has preferred Ext.P2 appeal before the 3rd respondent. The petitioner also moved a stay application before the 2nd respondent in terms of Section 220(6) of the Income Tax Act and the said authority granted a stay of recovery of the confirmed demand on condition that the petitioner paid 20% of amounts confirmed against him by the assessment orders. In the writ petition, it is the case of the petitioner that in as much as this Court has in identical matters, directed the Appellate Authority to consider the appeals on merits by directing that the recovery steps for recovery of amounts confirmed against the assessee by the assessment orders shall be kept in abeyance during the pendency of the appeals, a similar order should be passed in this case also. 2. I have heard the learned counsel appearing for the petitioner and also the learned Standing Counsel appearing for the respondents. Taking note of the direction of this Court in connected matters, the writ petition is disposed by directing the 3rd respondent to consider and pass orders on Ext.P2 appeal within a period of six months from the date of receipt of a copy of this judgment, after hearing the petitioner. It is made clear that WP(C).No.32833 OF 2019 3 recovery steps for recovery of amounts confirmed against the petitioner by the assessment order/rectification order shall be kept in abeyance till such as the orders are passed by the 3rd respondent, as directed and the orders 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 SJ WP(C).No.32833 OF 2019 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 19- 12-2018 PASSED BY THE 1ST RESPONDENT UNDER SECTION 143(3) OF THE ACT FOR THE AY 2016- 17 EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 22-2-2019 PASSED BY THE 1ST RESPONDENT U/S 154 OF THE ACT FOR THE AY 2016-17 EXHIBIT P2 TRUE COPY OF THE FIRST APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY 2016-17 EXHIBIT P3 TRUE COPY OF THE APPLICATION OF STAY FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE AY 2016-17 EXHIBIT P4 TRUE COPY OF THE ORDER DATED 30-09-2019 PASSED BY THE 2ND RESPONDENT COMMISSIONER OF INCOME TAX , KOZHIKODE DISPOSING THE STAY PETITIONS FOR THE AY 2016-17 AND 2016- 17. EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 23-10-2019 PASSED BY THIS HONOURABLE COURT IN WP(C) NO. 28170 OF 2019 IN SIMILAR CASE. "