M/S.MANGODE SERVICE CO-OPERATIVE BANK LTD V. THE INCOME TAX OFFICER, WARD-3, PALAKKAD

WP(C)/8725/2018

AI Insights

The case involves M/S. Mangode Service Co-operative Bank Ltd., represented by its secretary, Smt. Saraswathy K., who filed a writ petition against the Income Tax Officer, Ward-3, Palakkad, and the Commissioner of Income Tax (Appeals), Thrissur. The petitioner challenged the delay in the decision-making process regarding their stay applications related to the assessment orders for the assessment years 2013-14, 2014-15, and 2015-16. The petitioner argued that the delay in the appellate authority's decision on the stay applications was causing premature realization of the amounts demanded by the assessment orders. The court's intervention was sought to expedite the decision-making process on these stay applications and to halt any further actions on the realization of the demanded amounts until the stay applications were decided.

• Counselvise Citation: [2018] 140 COUNSELVISE.COM (IT) 697617 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 14-03-2018
• 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; V P NARAYANAN
• Keywords: Assessment Order; Income Tax; Realisation of amounts; Stay Petition
• Section: 143(3)

Judgement Text

" IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR WEDNESDAY, THE 14TH DAY OF MARCH 2018 / 23RD PHALGUNA, 1939 WP(C).No. 8725 of 2018 PETITIONER M/S.MANGODE SERVICE CO-OPERATIVE BANK LTD., MANGODE POST, CHERPLASSERY VIA., PALAKKAD DISTRICT, PIN - 679 503 - REPRESENTED BY ITS SECRETARY SMT.SARASWATHY.K. BY ADVS.SRI.T.M.SREEDHARAN (SR.) SRI.V.P.NARAYANAN RESPONDENTS: 1. THE INCOME TAX OFFICER, WARD-3, PALAKKAD, - 678 001. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAWAN, SAKTHAN THAMPURAN NAGAR, THRISSUR - 680 001. BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8725 of 2018 (M) APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE CERTIFICATION OF REGISTRATION DATED 10.1.2013 ISSUED BY THE ASSISTANT REGISTRAR (GENERAL), PALAKKAD. EXT.P2: TRUE COPY OF ASSESSMENT ORDER DATED 22.03.2016 FOR AY-2013-14 ALONG WITH DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT. EXT.P3: TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 23.04.2016 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR AY-2013-14. EXT.P3(a): TRUE COPY OF THE STAY PETITION DATED 23.04.2016 FILED BY THE PETITIONER FOR AY-2013-14 BEFORE THE 2ND RESPONDENT. EXT.P4: TRUE COPY OF ASSESSMENT ORDER DATED 21.12.2016 ALONG WITH DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT FOR AY-2014-15. EXT.P5: TRUE COPY OF ASSESSMENT ORDER ALONG WITH DEMAND NOTICE DATED 28.11.2017 ISSUED BY THE 1ST RESPONDENT FOR AY-2015-16. EXT.P6: TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 24.01.2017 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR AY-2014-15. EXT.P6(a): TRUE COPY OF THE STAY PETITION DATED 24.01.2017 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR AY-2014-15. EXT.P7: TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 04.01.2018 FILED BY THE PETITIOENR BEFORE THE 2ND RESPONDENT FOR AY-2015-16. EXT.P7(a): TRUE COPY OF THE STAY PETITION DATED 04.01.2018 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR AY-2015-16. EXT.P8: TRUE COPY OF THE APPLICATION DATED 25.04.2016 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR AY-2013-14. EXT.P8(a): TRUE COPY OF THE APPLICATION DATED 23.01.2017 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR AY-2014-15. EXT.P8(b): TRUE COPY OF THE APPLICATION DATED 04.01.2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR AY-2015-16. RESPONDENT'S EXHIBITS:NIL //TRUE COPY// SD/- PA TO JUDGE rsr P.B.SURESH KUMAR, J. -------------------------------------------- W.P.(C).No.8725 of 2018 --------------------------------------------------------------- Dated this the 14th 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, P4 and P5 assessment orders, the petitioner preferred Exts.P3, P6 and P7 appeals before the second respondent. Exts.P3(a), P6(a) and P7(a) are the applications for stay preferred by the petitioner in Exts.P3, P6 and P7 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.P3(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, P4 and P5 orders. The petitioner, therefore, seeks appropriate directions in this regard, in this writ petition. W.P .(c).No.8725 of 2018 : 2 : 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 case, I deem it appropriate to dispose of the writ petition directing the second respondent to take a decision on Exts.P3(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.P3(a), P6(a) and P7(a) applications for stay, further proceedings for realisation of the amounts covered by Exts.P2, P4 and P5 assessment orders shall be deferred. Sd/- P.B.SURESH KUMAR JUDGE rsr "