THE MAYYANAD REGIONAL CO-OPERATIVE BANK LIMITED V. THE INCOME TAX APPELLATE AUTHORITY

WP(C)/27437/2019

AI Insights

The case involves the Mayyanad Regional Co-operative Bank Limited, which contested assessment orders under the Income Tax Act for the assessment years 2014-15 and 2016-17. After the First Appellate Authority dismissed their appeals, a demand notice for recovery was issued to the bank. The bank sought a writ of mandamus to prevent the respondents from pursuing recovery steps until they could file an appeal and stay petition with the Appellate Tribunal. The court's decision provides a procedural safeguard for the petitioner, allowing them time to seek a stay on the recovery process while their appeal is considered.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 695359 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 16-10-2019
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: CHRISTOPHER ABRAHAM
• Assessee Lawyers: V JAYAPRADEEP; ANN GEORGE; O A NURIYA; D S LOKANATHAN; ALAN DEV
• Keywords: Appeal; Assessment Order; Income Tax; Recovery Steps; Stay Petition
• Section: 143(3)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 16TH DAY OF OCTOBER 2019/24TH ASWINA, 1941 W.P(C).No.27437 OF 2019(D) PETITIONER: THE MAYYANAD REGIONAL CO-OPERATIVE BANK LIMITED MAYYANAD BANK BUILDING, MAYYANAD, KOLLAM-691303, REPRESENTED BY ITS CHIEF EXECUTIVE BY ADVS.SRI.V.JAYAPRADEEP SMT.ANN SUSAN GEORGE SMT.O.A.NURIYA SRI.D.S.LOKANATHAN SRI.ALAN PRIYADARSHI DEV RESPONDENTS: 1 THE INCOME TAX APPELLATE AUTHORITY (THE COMMISSIONER OF INCOME TAX (APPEALS), THIRUVANANTHAPURAM-695003 2 INCOME TAX OFFICER, WARD NO.4 RAILWAY STATION ROAD, KARABALA JUNCTION, KOLLAM-691001 BY SRI.CHRISTOPHER ABRAHAM, SC, IT DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.27437/2019 : 2 : J U D G M E N T Against Exts.P2 and P3 assessment orders under the Income Tax Act, for the assessment years 2014-15 and 2016-17, the petitioner has preferred appeals before the First Appellate Authority, but the same were dismissed by Exts.P4 and P5 orders. Immediately thereafter, Ext.P6 demand notice was served on the petitioner for recovery of the amounts confirmed against the petitioner by the Appellate Authority. The limited prayer of the petitioner is for a direction to the respondents to refrain from pursuing recovery steps till such time as the petitioner prefers an appeal and stay petition before the Appellate Tribunal as permitted by the Statute. 2. I have heard the learned counsel for the petitioner as also the learned Standing counsel for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I direct that if the petitioner prefers an appeal along with a stay petition before the W.P.(C).No.27437/2019 : 3 : Appellate Tribunal within one month from today, then the Appellate Tribunal shall proceed to consider the stay application preferred by the petitioner within a further period of two months from the date of receipt of the application from the petitioner. I make it clear that recovery steps, pursuant to Ext.P6 demand notice, shall be kept in abeyance till such time as the Appellate Tribunal considers and passes orders on the stay petition to be preferred by the petitioner and the said order is communicated to the petitioner. It is made clear that if the petitioner does not file the appeal and stay petition within the time granted in this judgment, he will lose the benefit of this judgment. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the respondents and the Income Tax Appellate Tribunal, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE prp/15/10/19 W.P.(C).No.27437/2019 : 4 : APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE ISSUED BY THE REGISTRAR, CO-OPERATIVE SOCIETIES DATED 12.02.1957. EXT.P2: COPY OF THE ASSESSMENT ORDER DATED 29.12.2016 FOR ASSESSMENT YEAR 2014-15. EXT.P3: COPY OF THE ASSESSMENT ORDER DTD. 26.12.2018 FOR THE ASSESSMENT YEAR 2016-17. EXT.P4: COPY OF THE APPEAL ORDER DATED 05.09.2019 FOR ASSESSMENT YEAR 2014- 15. EXT.P5: COPY OF THE APPEAL ORDER DATED 05.09.2019 FOR THE ASSESSMENT YEAR 2016-17. EXT.P6: COPY OF THE DEMAND NOTICE DTD. 01.10.2019. EXT.P7: COPY OF THE ORDER OF THE INCOME TAX TRIBUNAL DATED 03.09.2018 IN ITA NO.98/COCH/2017. RESPONDENTS EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE "