MYLAPRA SERVICE CO-OPERATIVE BANK LTD V. UNION OF INDIA

WP(C)/9752/2017

AI Insights

The case involves Mylapra Service Co-operative Bank, which filed a writ petition against the Union of India and other respondents concerning an assessment order for the year 2014-15. The bank had appealed against the assessment order and filed a stay petition, both of which were pending before the Commissioner of Income Tax (Appeals). Meanwhile, coercive recovery proceedings were initiated against the bank. The High Court of Kerala intervened to stay these proceedings and directed the appellate authority to expedite the decision on the stay application.

• Counselvise Citation: [2017] 140 COUNSELVISE.COM (IT) 722351 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 28-03-2017
• Assessment Year: misc
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: N NAGRESH; JOSE JOSEPH
• Assessee Lawyers: K SHAJ; RENJIT GEORGE
• Keywords: Appeal Pending; Coercive Proceedings; Stay Application

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 28TH DAY OF MARCH 2017/7TH CHAITHRA, 1939 WP(C).No. 9752 of 2017 (T) --------------------------- PETITIONER(S): ----------------------- MYLAPRA SERVICE CO-OPERATIVE BANK, MYLAPRA TOWN P.O., PATHANAMTHITTA- 689 678, REPRESENTED BY ITS SECRETARY . BY ADVS.SRI.K.SHAJ, SRI.RENJIT GEORGE, SRI.S.AJAY KUMAR, SRI.JOHNY ANDREWS, SMT.ANJU MOHAN, SMT.BINDU N.RAJAN, SRI.BIJU C.VARUGHESE, SRI.C.IJLAL, SMT.B.L.RENJU, SRI.ASWIN T.SURESH. RESPONDENT(S): -------------------------- 1. UNION OF INDIA, REPRESENTED BY JOINT SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF ECONOMIC AFFAIRS, ROOM NO.67 B, NEW DELHI- 110 001. *2. INCOME TAX OFFICER, INCOME TAX OFFICE, WARD - 5, KOLLAM -695 009. (CORRECTED) *3. THE COMMISSIONER (APPEALS), OF INCOME TAX, OFFICE OF THE COMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAM -682 031. (CORRECTED) ....2/- -: 2 :- WP(C).No. 9752 of 2017 (T) * THE ADDRESS OF 2ND & 3RD RESPONDENT ARE CORRECTED AS 2. INCOME TAX OFFICER, INCOME TAX OFFICE, WARD-2, THIRUVALLA-689 811. 3. THE COMMISSIONER (APPEALS) OF INCOME TAX, OFFICE OF THE COMMISSIONER OF INCOME TAX, KOTTAY AM-686 001. VIDE ORDER DATED 28/03/2017 IN I.A. NO.5373/2017. R1 BY SRI.N.NAGARESH, ASSIST. S.G. OF INDIA. R2 & R3 BY SRI.JOSE JOSEPH, SC. SRI.K.M.V.P ANDALAI, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C).No. 9752 of 2017 (T) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 THE TRUE COPY OF THE CERTIFICATE DATED 30/11/2016 ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PATHANAMTHITTA. EXT.P2 THE TRUE COPY OF THE ASSESSMENT FOR THE PERIOD 2014-2015 DATED 26/12/2016 ISSUED BY THE 2ND RESPONDENT. EXT.P3 THE TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P4 THE TRUE COPY OF THE STAY PETITION FILED IN THE APPEAL PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs. K. VINOD CHANDRAN, J. ===================== W.P.(C)No.9752 of 2017 - T ========================= Dated this the 28th day of March, 2017 J U D G M E N T Ext.P2 is the assessment order passed against the petitioner for the assessment year 2014-15. Against which, the petitioner filed Ext.P3 appeal, which is accompanied by Ext.P4 stay petition before the 3rd respondent. Appeal and stay petition are pending before the 3rd respondent. In the meanwhile, coercive proceedings have been initiated. It is in this context, the writ petition has been filed. 2. In the above circumstances, it is directed that the appellate authority, the 3rd respondent herein, consider and dispose of Ext.P4 stay application within a period of two months from the date of receipt of a certified copy of this judgment and the coercive proceedings be stayed until such orders are passed, which order shall determine the matter thereafter. 2 W.P.(C)No.9752/2017 The writ petition is disposed of without any observation on merits and keeping in abeyance the recovery till such time as the directions herein are complied with by the appellate authority, whose orders shall determine the further steps thereafter. Sd/- K. VINOD CHANDRAN, JUDGE SB/28/03/2017 // true copy // P.A to Judge "