M/S. NADAKKAL SERVICE CO-OPERATIVE BANK LTD., V. INCOME TAX OFFICER,

WP(C)/27246/2019

AI Insights

M/s. Nadakkal Service Co-operative Bank Ltd., the petitioner, challenged the assessment order for the year 2015-16 issued by the Income Tax Officer, which was upheld by the First Appellate Authority. Following this, a demand for tax payment was made to the petitioner. Aggrieved by the appellate order and the demand, the petitioner filed an appeal and a stay petition with the Income Tax Appellate Tribunal. The petitioner sought the High Court's intervention to expedite the Tribunal's decision on the stay petition and to halt the recovery proceedings based on the appellate order.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 695530 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 14-10-2019
• Assessment Year: misc
• Other Referred Cases: WP(C)No.8133/2019, WP(C)No.15767/2019
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: CHRISTOPHER ABRAHAM
• Assessee Lawyers: C A JOJO; JACOB CHACKO; MATHEWS JOSEPH
• Keywords: Appeal; Income tax assessment; Recovery proceedings; Stay Petition
• Section: 156

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 14TH DAY OF OCTOBER 2019/22ND ASWINA, 1941 W.P(C).No.27246 OF 2019 PETITIONER: M/S. NADAKKAL SERVICE CO-OPERATIVE BANK LTD., KALLUVATHUKKAL P.O., KOLLAM- 691578, REPRESENTED BY ITS SECRETARY. BY ADVS.SRI.C.A.JOJO SRI.JACOB CHACKO SRI.MATHEWS JOSEPH RESPONDENTS: 1 INCOME TAX OFFICER, WARD-4, KOLLAM, AYAKAR BHAVAN, KOLLAM- 691001. 2 COMMISSIONER OF INCOME TAX (APPEALS)-1, OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS), TRIVANDRUM- 695003. 3 THE ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM- 682037. BY SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.27246/2019 : 2 : J U D G M E N T The petitioner, who is an assessee under the Income Tax Act, being aggrieved by Ext.P1 assessment order, for the assessment year 2015-16, preferred an appeal before the First Appellate Authority. By Ext.P7 order, the First Appellate Authority dismissed the appeal preferred by the petitioner. Immediately thereafter, by Ext.P8 communication, a demand was made on the petitioner for payment of the entire tax confirmed against the petitioner by Ext.P7 order. It is the case of the petitioner that against Ext.P7 order, he has preferred Ext.P9 appeal and Ext.P10 stay petition before the 3rd respondent Tribunal, and the limited prayer of the petitioner is for a direction to the 3rd respondent Tribunal to consider and pass orders on the stay petition, expeditiously, and to keep in abeyance the recovery proceedings, pursuant to Ext.P8, in the meanwhile. 2. I have heard the learned counsel for the petitioner as also the learned Standing Counsel for the respondents. W.P.(C).No.27246/2019 : 3 : On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition by directing the 3rd respondent Tribunal to consider and pass reasoned orders on Ext.P10 stay petition within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. Recovery steps, pursuant to Ext.P8 revenue recovery notice, for recovery of amounts confirmed against the petitioner by Ext.P7 appellate order, shall be kept in abeyance till such time as orders are passed by the 3rd respondent, as directed, and 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 prp/14/10/19 W.P.(C).No.27246/2019 : 4 : APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER AY 2015-16 DATED 28.12.2018 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P2 A TRUE COPY OF THE DEMAND NOTICE FOR THE AMOUNT OF RS.1,16,40,620/- U/S 156 DATED 28.12.2018 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE APPEAL BEFORE THE 2ND RESPONDENT DATED 24.01.2019 FILED FOR AY 2015-16. EXHIBIT P4 A TRUE COPY OF THE JUDGMENT IN WP(C)NO.8133/2019 DATED 18.03.2019. EXHIBIT P5 A TRUE COPY OF THE STAY PETITION DATED 21.03.2019 BEFORE THE 2ND RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE JUDGMENT IN WP(C)NO.15767/2019 DATED 10.06.2019. EXHIBIT P7 A TRUE COPY OF THE APPELLATE ORDER ISSUED BY THE 2ND RESPONDENT DATED 03.09.2019. EXHIBIT P8 A TRUE COPY OF THE LETTER OF DEMAND ISSUED BY THE 1ST RESPONDENT DATED 01.10.2019. EXHIBIT P9 A TRUE COPY OF THE APPEAL BEFORE THE 3RD RESPONDENT DATED 10.10.2019 FOR AY 2015-16. W.P.(C).No.27246/2019 : 5 : EXHIBIT P10 RESPONDENTS EXHIBITS: A TRUE COPY OF THE STAY PETITION BEFORE THE 3RD RESPONDENT DATED 10.10.2019 FOR AY 2015-16. NIL. //TRUE COPY// P.S. TO JUDGE "