THE MANAGING DIRECTOR & CEO SOUTH INDIAN BANK V. THE PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL)

WP(C)/18806/2017

AI Insights

The case involves the South Indian Bank Ltd., represented by its Managing Director & CEO, as the petitioner, and the Principal Commissioner of Income Tax (Central) and the Tax Recovery Officer (Central) as respondents. The petitioner challenged certain actions taken by the respondents under the Income Tax Act, 1961. The court noted that the respondents had passed a final order under Section 226(3)(VI) of the Income Tax Act, which pertains to the attachment of the petitioner's bank accounts for the recovery of tax dues. The court did not delve into the merits of the case but closed the writ petition, emphasizing the petitioner's right to appeal against the order before the designated revision authority under the Act.

• Counselvise Citation: [2017] 140 COUNSELVISE.COM (IT) 699699 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 17-11-2017
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: P K R MENON; JOSE JOSEPH
• Assessee Lawyers: RAJU JOSEPH; P A AUGUSTINE; C JOSEPH ANTONY
• Keywords: Final order; Income Tax; Revision authority
• Section: 226(3)(VI)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 17TH DAY OF NOVEMBER 2017/26TH KARTHIKA, 1939 WP(C).No. 18806 of 2017 (A) ---------------------------- PETITIONER : ----------------------- MANAGING DIRECTOR & CEO, THE SOUTH INDIAN BANK LTD., HAVING ITS REGISTERED OFFICE AT SIB HOUSE, T.B.ROAD, POST BOX NO.28, THRISSUR-680 001. BY SRI.RAJU JOSEPH,SENIOR ADVOCATE ADVS.SRI.P. A.AUGUSTINE(AREEKATTEL) SRI.C.JOSEPH ANTONY RESPONDENT(S): ----------------------------- 1. THE PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), OFFICE OF THE PRINCIPAL COMMISSIONER OF INCOME TAX(CENTRAL), 5TH FLOOR, KANDAMKULATHY TOWER, M.G.ROAD, KOCHI-682 011, ERNAKULAM. 2. THE TAX RECOVERY OFFICER (CENTRAL), OFFICE OF THE TAX RECOVERY OFFICER (CENTRAL), 5TH FLOOR, KANDAMKULATHY TOWER, M.G.ROAD, KOCHI-682 011, ERNAKULAM. R1 & R2 BY SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C).No. 18806 of 2017 (A) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ---------------------------------------- EXHIBIT P1 TRUE COPY OF THE SUMMONS ISSUED UNDER RULE 83 OF THE IIND SCHEDULE TO THE INCOME TAX ACT, 1961 DATED 05.04.2017. EXHIBIT P2 TRUE COPY OF THE REQUEST LETTER ADDRESSED TO THE 2ND RESPONDENT DATED 04.05.2017. EXHIBIT P3 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 08.05.2017. EXHIBIT P4 TRUE COPY OF THE REPLY GIVEN TO THE 2ND RESPONDENT BY THE CHIEF FINANCIAL OFFICER DATED 16.05.2017. EXHIBIT P5 TRUE COPY OF THE LIST OF ASSESSES CONTAINING THE DETAILS SOUGHT FOR IN EXHIBIT P1 NOTICE. EXHIBIT P5(A) TRUE COPY OF THE LIST OF ASSESSES CONTAINING THE DETAILS SOUGHT FOR IN EXHIBIT P1. EXHIBIT P6 TRUE COPY OF THE AUTHORIZATION GIVEN TO MANAGER REGIONAL OFFICE, RAJAGIRI VALLEY. EXHIBIT P7 TRUE COPY OF THE SUMMONS ISSUED TO THE PETITIONER DATED 17.05.2017. EXHIBIT P8 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT UNDER SECTION 226(3) OF THE INCOME TAX ACT IN RESPECT OF MR.SRIKUMAR K.N DATED 17.05.2017. EXHIBIT P9 TRUE COPY OF THE LETTER ISSUED BY THE BRANCH MANAGER, KOTHANALOOR BRANCH OF SOUTH INDIAN BANK DATED 22.05.2017. EXHIBIT P10 TRUE COPY OF THE LETTER ISSUED BY THE ASSISTANT GENERAL MANAGER, TRISSUR MAIN BRANCH TO THE 2ND RESPONDENT IN RESPONSE TO NOTICE UNDER SECTION 226(3) OF THE INCOME TAX ACT DATED 22.05.2017. EXHIBIT P11 TRUE COPY OF THE LETTER ISSUED BY THE ASSISTANT GENERAL MANAGER, TRISSUR MAIN BRANCH TO THE 2ND RESPONDENT DATED 22.05.2017. EXHIBIT P12 TRUE COPY OF THE LETTER ISSUED BY THE BRANCH MANAGER TO THE 2ND RESPONDENT DATED 22.05.2017. EXHIBIT P13 TRUE COPY OF THE LETTER ISSUED BY THE BRANCH MANAGER TO THE 2ND RESPONDENT IS PRODUCED AND MARKED FOR REFERENCE AS. 2/- -2- WP(C).No. 18806 of 2017 (A) EXHIBIT P14 TRUE COPY OF THE LETTER ISSUED BY THE BRANCH MANAGER, KOTHANELLOR BRANCH TO THE 2ND RESPONDENT DATED 24.05.2017 IS PRODUCED AND MARKED FOR RERERENCE AS. EXHIBIT P15 TRUE COPY OF THE LETTER ISSUED BY THE ASSISTANT GENERAL MANAGER, TRISSUR MAIN BRANCH TO THE 2ND RESPONDENT DATED 24.05.2017. EXHIBIT P16 TRUE COPY OF THE LETTER ISSUED BY THE BRANCH MANAGER, KALLAMBALAM BRANCH TO THE 2ND RESPONDENT DATED 24.05.2017. EXHIBIT P17 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 25.05.2017. EXHIBIT P18 TRUE COPY OF THE LETTER ISSUED BY THE BRANCH MANAGER, TRISSUR MAIN BRANCH TO THE 2ND RESPONDENT DATED 29.05.2017. EXHIBIT P19 TRUE COPY OF THE LETTER ISSUED BY THE BRANCH MANAGER, KOTHANELLUR BRANCH TO THE 2ND RESPONDENT DATED 29.05.2017. EXHIBIT P20 TRUE COPY OF THE LETTER ISSUED BY THE BRANCH MANAGER, KALLAMBALAM BRANCH TO THE 2ND RESPONDENT DATED 30.05.2017. EXHIBIT P21 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 01.06.2017. RESPONDENT(S)' EXHIBITS: NIL -------------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts A.K.JAYASANKARAN NAMBIAR, J. =========================================== W.P.(C). No. 18806 of 2017-(A) ===================================================== Dated this the 17th day of November, 2017 JUDGMENT It is submitted by the learned senior counsel for the petitioner that, inasmuch as the respondents have passed a final order under Section 226(3)(VI) of the Income Tax Act, the petitioners can pursue further remedies against the said order before the revision authority under the Act. Taking note of the said submission, the writ petition is closed, without prejudice to the right of the petitioners to move the revision authority against the order, stated to have been passed. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das/ 17.11.2017 "