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

WP(C)/9656/2016

AI Insights

The case involves the Paravur Service Cooperative Bank Ltd., which filed a writ petition against the Income Tax Officer, the Commissioner of Income Tax (Appeals), and the Income Tax Appellate Tribunal. The petitioner challenged the 1st appellate order under the Income Tax Act and sought a stay on the recovery steps initiated based on that order. The High Court of Kerala at Ernakulam heard the arguments and decided to direct the Tribunal to expedite the decision on the stay petition and halt any recovery actions in the meantime.

• Counselvise Citation: [2016] 140 COUNSELVISE.COM (IT) 761313 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 15-03-2016
• 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: V G ARUN; T R HARIKUMAR; ARJUN RAGHAVAN; ADITHYA RAJEEV
• Keywords: Appeal; Income Tax; Recovery Steps; Stay Petition

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 15TH DAY OF MARCH 2016/25TH PHALGUNA, 1937 WP(C)No. 9656 of 2016 (F) PETITIONER:- PARAVUR SERVICE CO-OPERTIVE BANK LTD.NO.1801, REPRESENTED BY ITS SECRETARY, PARAVUR P.O., KOLLAM DISTRICT-691 301. BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR SRI.ARJUN RAGHAVAN SRI.ADITHYA RAJEEV 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-691 001. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM-695 003. 3. THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, KENDRIYA BHAVAN, BLOCK NO.C1 & C2, 1ST FLOOR, KAKKANADU, COCHIN-682 030. BY SRI.K.M.V.PANDALAI, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: (P.T.O .) Sn WP(C)No. 9656 of 2016 (F) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: A TRUE OPY OF THE CERTIFICATE DATED 07.01.2015, ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM. EXT.P2: A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2012-2013 DATED 31.03.2015. EXT.P3: A TRUE COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH COVERING LETTER DATED 04.04.2015. EXT.P4: A TRUE COPY OF THE INTERIM ORDER DATED 30.09.2014 IN I.A.NO.2364/2014 IN ITA NO.188/2014. EXT.P5: A TRUE COPY OF THE JUDGMENT DATED 18.09.2015 IN WP(C)NO.28375 OF 2015. EXT.P6: A TRUE COPY OF THE ORDER IN ITA NO.20/TVM/CIT(A), TVM/2015-16 DATED 15.12.2015. EXT.P7: A TRUE COPY OF THE JUDGMENT DATED 23.12.2015 IN WP(C)NO.39464 OF 2015. EXT.P8: A TRUE COPY OF THE APPELLATE ORDER NO.ITA NO.20/TVM/CIT(A), TVM/2015-16 DATED 16.02.2016 ISSUED BY THE 2ND RESPONDENT. EXT.P9: A TRUE COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 01.03.2016. (WITHOUT ANNEXURES). EXT.P10: A TRUE COPY OF THE STAY PETITION DATED 01.03.2016 FILED ALONG WITH EXT.P9 A PPEAL. EXT.P11: A TRUE COPY OF THE ACKNOWLEDGMENT-CUM-NOTICE DATED 02.03.2016 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT. RESPONDENT(S) EXHIBITS NIL:- //TRUE COPY// P.S. TO JUDGE Sn A.K.JAYASANKARAN NAMBIAR, J. ............................................................. W.P.(C).No.9656 of 2016 ............................................................. Dated this the 15th day of March, 2016 J U D G M E N T Against Ext.P8 1st appellate order under the Income Tax Act, the petitioner has preferred Ext.P9 appeal and Ext.P10 stay petition before the 3rd respondent Tribunal. 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.P8 1st appellate 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 3rd respondent Tribunal shall consider and pass orders on P10 stay petition within a -2- W.P.(C). No. 9656 of 2016 period of six weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. ii. Recovery steps for recovery of amounts confirmed against petitioner by Ext.P8 1st appellate order shall be kept in abeyance till such time as orders are passed by the 3rd respondent as directed above. A.K.JAYASANKARAN NAMBIAR JUDGE mns/15.3.16 "