PALAKKAD SERVICE CO-OPERATIVE BANK LTD V. THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BRANCH

WP(C)/9437/2020

AI Insights

The case involves the Palakkad Service Co-Operative Bank Ltd., which challenged the assessment orders under the Income Tax Act for the years 2013-2014 to 2017-2018. After the First Appellate Authority disposed of their appeals, the bank filed further appeals and stay petitions with the Income Tax Appellate Tribunal. The primary relief sought in the writ petition was for the Tribunal to expedite the consideration of these stay applications and to halt recovery proceedings in the meantime. The court heard arguments from both sides and decided to direct the Tribunal to expedite its decision on the stay applications.

• Counselvise Citation: [2020] 140 COUNSELVISE.COM (IT) 753402 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 11-04-2020
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: CHRISTOPHER ABRAHAM
• Assessee Lawyers: A KUMAR
• Keywords: Appeal; Assessment Order; Income Tax; Recovery proceedings; Stay Application
• Section: 143(3)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM Before THE HON’BLE MR. JUSTICE A.K. JAYASANKARAN NAMBIAR & THE HON’BLE MR. JUSTICE SHAJI P. CHALY Saturday, the 11th day of April, 2020/22nd Chaithra, 1942 W.P.(C). No. 9437 of 2020 PETITIONER: Palakkad Service Co-Operative Bank Ltd., F-1200, G.B. Road, Palakkad - 678 001. Represented by its Secretary Mr. C. I Ramesh Kumar. By Adv. Sri. A. Kumar RESPONDENTS: 1. The Income Tax Appellate Tribunal, Cochin Bench, 1st Floor, Block C-I & C-II, Kendriya Bhavan, Kakkanad - 682 O37. 2. The Commissioner of Income Tax (Appeals), 3rd Floor, AAYKAAR Bhavan, S T Nagar, Thrissur - 680 001. 3. Assistant Commissioner of Income Tax Circle 1, Aayakar Bhavan, English Church Road, Palakkad -678 001. By Adv. Sri. Christopher Abraham, Standing Counsel This Writ Petition (Civil) having come up for admission on 11.04.2020, the court on the same day passed the following: W.P .(C). No. 9437 of 2020 ...2… A.K. JAYASANKARAN NAMBIAR & SHAJI P . CHAL Y , JJ. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P .(C). No. 9437 of 2020 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 11th day of April, 2020 JUDGMENT JAYASANKARAN NAMBIAR, J Against Exts.P1 to P5 assessment orders under the Income T ax Act for the assessment years 2013-2014 to 2017-2018, the petitioner preferred an appeal before the First Appellate Authority. The said appeals were disposed of by Ext.P6 common order. Aggrieved by the same, the petitioner preferred Exts.P7 to P11 appeals and P12 to P16 stay petitions before the first respondent Tribunal. The limited prayer in the writ petition is for a direction for the first respondent to consider the stay applications expeditiously and to keep in abeyance the recovery proceedings in the meanwhile. 2. We have heard Sri. A. Kumar, the learned counsel for the petitioner, and Sri. Christopher Abraham, learned Standing Counsel for respondents 2 and 3. 3. On a consideration of the facts and circumstances of the case and the submissions made across the Bar, we deem it appropriate to dispose of the writ petition with a direction to the first respondent to consider and pass orders on Exts.P12 to P16 stay applications within a period of four months from the date of receipt of a copy of this judgment, after hearing the petitioner. 4. It is made clear that till such orders are passed by the first respondent as directed and the order communicated to the petitioner, W.P .(C). No. 9437 of 2020 ...3… further steps for recovery of amount confirmed against the petitioner by the assessment orders shall be kept in abeyance. Writ petition is disposed of as above. (Sd/-) A.K. JAYASANKARAN NAMBIAR, JUDGE. (Sd/-) SHAJI P . CHAL Y , JUDGE. Rv W.P .(C). No. 9437 of 2020 ...4… APPENDIX PETITIONER’S EXHIBITS: Ext.P1: True copy of assessment order for the assessment year 20I3-14 dated 19,12.2019. Ext.P2: True copy of assessment order for the assessment year 20I4-15 dated 27.12.2018. Ext.P3: True copy of assessment order for the assessment year 20I5-16 dated 27.12.2018. Ext.P4: True copy of assessment order for the assessment year 20I6-17 dated 19.12.2019. Ext.P5: True copy of assessment order for the assessment year 20I7-18 dated 23.12.2019. Ext.P6: True copy of assessment order for the assessment year 20I7-18 dated 10.03.2020. Ext.P7: True copy of Memorandum of appeal for the assessment year 2OI3- 14 dated, filed before ITAT dated 18.03.2020. Ext.P8: True copy of Memorandum of appeal for the assessment year 2OI4- 15 dated, filed before ITAT dated 18.03.2020. Ext. P9: True copy of Memorandum of appeal for the assessment year 2OI5- 16 dated, filed before ITAT dated 18.03.2020. Ext.P10: True copy of Memorandum of appeal for the assessment year 2OI6- 17 dated, filed before ITAT dated 18.03.2020. Ext.P11: True copy of Memorandum of appeal for the assessment year 2OI7- 18 dated, filed before ITAT dated 188.03.2020. Ext.P12: True copy of application of stay for the assessment year 20I3-14 dated, filed before ITAT dated 18.03.2020. Ext.P13: True copy of application of stay for the assessment year 20I4-15 dated, filed before ITAT dated 18.03.2020. Ext.P14: True copy of application of stay for the assessment year 20I5-16 dated, filed before ITAT dated 18.03.2020. Ext.P15: True copy of application of stay for the assessment year 20I6-17 dated, filed before ITAT dated 18.03.2020. Ext.P16: True copy of application of stay for the assessment year 20I7-18 dated, filed before ITAT dated 18.03.2020. W.P .(C). No. 9437 of 2020 ...5… RESPONDENTS’ EXHIBITS: NIL /True Copy/ PS to Judge. rv "