PARAVUR SERVICE CO-OP.BANK LTD.NO.1801 V. THE INCOME TAX OFFICER

WP(C)/28375/2015

AI Insights

The case involves Paravur Service Co-op. Bank Ltd., which challenged an assessment order under the Income Tax Act. The bank filed an appeal and a stay petition against the assessment order, which was not yet considered by the Commissioner of Income Tax (Appeals) before recovery actions were initiated based on the assessment order. The bank sought relief from the High Court to halt these recovery actions until the stay petition was addressed.

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 755626 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 18-09-2015
• Assessment Year: misc
• Other Referred Cases: WP(C) NO.10360 OF 2015
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: K M V PANDALAI
• Assessee Lawyers: V G ARUN; T R HARIKUMAR
• Keywords: Assessment Order; Coercive Recovery Steps; Income Tax; Stay Petition
• Section: 143(3)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 WP(C).NO. 28375 OF 2015 (V) ---------------------------- PETITIONER(S): --------------- PARAVUR SERVICE CO-OP.BANK LTD.NO.1801, REPRESENTED BY ITS SECRETARY, PARAVUR.P.O KOLLAM DISTRICT-691301 BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): -------------- 1. THE INCOME TAX OFFICER, WARD-2, OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, KOLLAM RANGE, NEAR KARBALA JUNCTION R.S.ROAD,KOLLAM DISTRICT-691001 2. THE COMMISSIONER OF INCOME TAX (APPEALS) THIRUVANANTHAPURAM-695 003 BY SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).NO. 28375 OF 2015 (V) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: A TRUE COPY OF THE CERTIFICATE DATED 07.01.2015, ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM. EXT.P2: A TRUE COPY OF THE RELEVANT PAGES OF THE BYELAWS OF THE PETITIONER SOCIETY EXT.P3: A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2012-2013 DATED 31.03.2015 EXT.P4: A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 31.03.2015 EXT.P5:A TRUE COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH COVERING LETTER DATED 04.04.2015 EXT.P6: A TRUE COPY OF THE STAY PETITION DATED 01.06.2015 FILED BY THE PETITIONER IN EXT.P5 APPEAL EXT.P7: A TRUE COPY OF THE NOTICE NO.AAAAP1047R/W2/KLM/2015-16 DATED 24.08.2015 ISSUED BY THE 1ST RESPONDENT EXT.P8: A TRUE COPY OF THE INTERIM ORDER DATED 30.09.2014 IN I.A.NO.2364/2014 IN ITA NO.188/2014 EXT.P9: A TRUE COPY OF THE JUDGMENT DATED 30.03.2015 IN WP(C) NO.10360 OF 2015 RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P A TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. ............................................................. W.P.(C).No.28375 of 2015 ............................................................. Dated this the 18th day of September, 2015 J U D G M E N T Against Ext.P3 assessment order under the Income Tax Act, the petitioner has preferred Ext.P5 appeal and Ext.P6 stay petition before the 2nd 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 Ext.P3 assessment order. 2. I have heard the learned counsel for the petitioner and also the learned Standing counsel 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 2nd respondent shall consider and pass orders on Ext.P6 stay petition within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. W.P.(C).No.28375 of 2015 2 ii. Coercive steps for recovery of amounts confirmed against petitioner by Ext.P3 assessment order shall be kept in abeyance till orders are passed by the 2nd respondent as directed above and communicated to the petitioner. iii. The order to be passed by the 2nd respondent shall be a reasoned one adverting to the contentions of the petitioner regarding existence of a prima facie case for a stay of recovery pending disposal of the appeal. (iv) The petitioner shall produce a copy of the writ petition along with a copy of this judgment before the 2nd respondent for further action. A.K.JAYASANKARAN NAMBIAR JUDGE mns W.P.(C).No.28375 of 2015 3 "