THE PARAPPANANGADI SERVICE CO-OPERATIVE BANK LTD. V. THE COMMISSIONER OF INCOME TAX

WP(C)/38255/2015

AI Insights

The case involves the Parappanangadi Service Co-operative Bank Limited, which filed a writ petition against the Commissioner of Income Tax (Appeals) and the Income Tax Officer, Ward (3), challenging the recovery steps initiated based on the assessment orders for the years 2009-10, 2010-11, and 2011-12. The bank had filed appeals and stay petitions against these assessment orders, which were pending consideration. The main legal issue was the premature initiation of recovery steps before the resolution of the stay petitions. The court's decision focused on ensuring that the stay petitions were considered promptly and that recovery actions were paused during this period.

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 699050 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 16-12-2015
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: K M V PANDALAI
• Assessee Lawyers: O D SIVADAS
• 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.JAY ASANKARAN NAMBIAR WEDNESDAY, THE 16TH DAY OF DECEMBER 2015/25TH AGRAHAYANA, 1937 WP(C).No. 38255 of 2015 (F) -------------------------------------------- NAME AND ADDRESS OF THE PETITIONER(S) : ---------------------------------------------------------------------- PARAPPANANGADI SERVICE CO-OPERATIVE BANK LIMITED NO.F.2302, P.O PARAPPANANGADI, MALAPPURAM DISTRICT- 679 340, REPRESENTED BY ITS SECRETARY . BY ADV. SRI.O.D.SIVADAS NAME AND ADDRESS OF THE RESPONDENT(S) : -------------------------------------------------------------------------- 1. THE COMMISSIONER OF INCOME TAX (APPEALS), AYAKAR BHAVAN, KOZHIKODE- 673 001. 2. THE INCOME TAX OFFICER, WARD (3), TIRUR- 676 101. BY ADV. SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Msd. WP(C).No. 38255 of 2015 (F) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS : ---------------------------------------- EXHIBIT P1: COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2009-10. EXHIBIT P2: COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2010-11. EXHIBIT P3: COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2011-12. EXHIBIT P4: COPY OF THE APPEAL FOR THE PERIOD 2009-10. EXHIBIT P5: COPY OF THE APPEAL FOR THE PERIOD 2010-11. EXHIBIT P6: COPY OF THE APPEAL FOR THE PERIOD 2011-12. EXHIBIT P7: COPY OF THE STA Y PETITION THE PERIOD 2009-10. EXHIBIT P8: COPY OF THE STA Y PETITION FOR THE PERIOD 2010-11. EXHIBIT P9: COPY OF THE STA Y PETITION FOR THE PERIOD 2011-12. EXHIBIT P10: COPY OF THE INTERIM ORDER ISSUED BY THIS HONOURABLE COURT IN I.A.NO.2573 OF 2014 IN I.T.A.NO.198 OF 2014. RESPONDENT(S)' EXHIBITS : ------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE. Msd. A.K.JAYASANKARAN NAMBIAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.38255 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of December 2015 JUDGMENT Against Exts. P1 to P3 assessment orders under the Income Tax Act, the petitioner has preferred Exts.P4 to P6 appeals and Exts.P7 to P9 stay petitions before the 1st respondent. It is the case of the petitioner that even prior to considering the stay petition, recovery steps are sought to be pursued for recovery of the amounts confirmed by Exts. P1 to P3 assessment orders. 2. I have heard the learned counsel for the petitioner and also the learned Government Pleader for the respondents. 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 with the following directions: i) The 1st respondent shall consider and pass orders on Exts.P7 to P9 stay petitions within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner. W.P.(c).No.38255 of 2015 : 2 : ii) Recovery steps for recovery of amounts confirmed against petitioner by Exts.P1 to P3 assessment orders shall be kept in abeyance till orders are passed by the 1st respondent as directed above and communicated to the petitioner. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE sm/ "