NEMMARA CO-OPERATIVE URBAN BANK LIMITED V. THE INCOME TAX OFFICER

WP(C)/11895/2017

AI Insights

The case involves the Nemmara Co-operative Urban Bank Limited, which filed a writ petition against the Income Tax Officer and other respondents concerning an assessment order and a demand notice issued for the assessment year 2013-14. The petitioner had filed an appeal and a stay petition against the assessment order and demand notice, which were pending before the Commissioner of Income Tax (Appeals). Meanwhile, coercive proceedings were initiated based on the demand notice. The petitioner sought relief from the High Court to stay these proceedings until the appellate authority could decide on the stay petition.

• Counselvise Citation: [2017] 140 COUNSELVISE.COM (IT) 755445 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 04-04-2017
• Assessment Year: misc
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH; M SASINDRAN; GEORGE MEVADA; JAYESH KUMAR
• Assessee Lawyers: C A JOJO; JACOB CHACKO
• Keywords: Appeal; Assessment Order; Coercive Proceedings; Income Tax; Stay Petition

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 4TH DAY OF APRIL 2017/14TH CHAITHRA, 1939 WP(C).No. 11895 of 2017 (j) ---------------------------- PETITIONER(S): ------------- NEMMARA CO-OPERATIVE URBAN BANK LIMITED, NO 155, NEMMARA PO, PIN 678506, REPRESENTED BY ITS GENERAL MANAGER. BY ADVS.SRI.C.A.JOJO SRI.JACOB CHACKO RESPONDENT(S): -------------- 1. THE INCOME TAX OFFICER, WARD NO.5 AYAKAR BHAVAN, PALAKKAD PIN 678014. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS) THRISSUR 680001. 3. THE MANAGER, PALAKKAD DISTRICT CO-OPERATIVE BANK, NEMMARA BRANCH 678506. 4. THE MANAGER, STATE BANK OF INDIA, NEMMARA BRANCH, PALAKKAD 678506. 5. THE MANAGER, STATE BANK OF TRAVANCORE, NEMMARA BRANCH, PALAKKAD 678506. R1,R2 BY ADV. SRI.JOSE JOSEPH, SC, R3 BY ADV. SRI.M.SASINDRAN R4 BY ADV. SRI.GEORGE THOMAS(MEVADA), SC, R5 BY ADV. SRI. JAYESH MOHAN KUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-04-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.V. WPC 11895 OF 2017: ------------------ APPENDIX PETITIONERS EXHIBITS: -------------------- P1; COPY OF THE ASSESSMENT ORDER DATED 24/3/2016 ISSUED BY THE FIRST RESPONDENT. P2; COPY OF THE DEMAND NOTICE DATED 24/3/2016 ISSUED BY THE FIRST RESPONDENT. P3; COPY OF THE APPEAL DATED 25/4/2016 FILED BY THE PETITIONER AGAINST ASSESSMENT ORDER FILED BEFORE THE 2ND RESPONDENT. P4; COPY OF THE STAY PETITION DATED 25/4/2016 FILED BY THE PETITIONER AGAINST THE DEMAND NOTICE FILED BEFORE THE 2ND RESPONDENT. P5: COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 28/12/2016. P6: COPY OF THE LETTER DATED 9/1/2017 SUBMITTED TO THE 1ST RESPONDENT. P7: COPY OF THE NOTICE NO AAAAT7124K/ITP/W-5/PKD/16-17 DATED 30.3.2017 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT. P8: COPY OF THE NOTICE NO AAAAT7124/ITO/W-5/PKD/16-17 DATED 30.3.2017ISSUED BY THE 1ST RESPONDENT TO THE 4TH RESPONDENT. P9: COPY OF THE NOTICE NO AAAAT7124K/ITO/W-5/PKD/16-17 DATED 30.3.2017 ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT. P10: COPY OF THE CORRIGENDUM ISSUED BY THE 1ST RESPONDENT DATED 25/1/2017. P11: COPY OF THE JUDGMENT IN WPC NO 5729/2017 DATED 21/2/2017. RESPONDENTS EXHIBITS: NIL -------------------- /TRUE COPY/ P.A.TO JUDGE K.V. K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 11895 of 2017 J - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 04th day of April, 2017 J U D G M E N T Ext.P1 is the assessment order passed against the petitioner for the assessment year 2013-14. Against this order, petitioner filed Ext.P3 appeal, which is accompanied by Exts.P4 stay petition before the 2nd respondent. Appeal and stay petition are pending before the 2nd 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 2nd 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 WPC.No. 11895/2017 : 2 : such orders are passed, which order shall determine the matter thereafter. 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) jma //true copy// P.A to Judge "