PEROORKADA CO-OPERATIVE BANK LIMITED V. THE INCOME TAX OFFICER

WP(C)/33530/2018

AI Insights

The case involves Peroorkada Co-operative Bank Limited, the petitioner, who is under assessment proceedings by the Income Tax Department for the assessment years 2011-2012 to 2015-2016. The petitioner filed statutory appeals and stay petitions concerning these assessments. The primary concern of the petitioner was the potential for coercive actions by the tax authorities before the appellate forum could review their applications. The court's intervention was sought to ensure that the appellate authority would have the opportunity to consider these applications without the pressure of impending coercive measures from the tax department.

• Counselvise Citation: [2018] 140 COUNSELVISE.COM (IT) 766896 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 12-10-2018
• Assessment Year: misc
• Other Referred Cases: GKN Driveshaft (India) Ltd vs ITO and Others
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Assessee Lawyers: C A JOJO; MATHEWS JOSEPH; JACOB CHACKO
• Keywords: Appellate forum; Coercive Steps; Income tax assessment; Stay Petition
• Section: 148

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY,THE 12TH DAY OF OCTOBER 2018 / 20TH ASWINA, 1940 WP(C).No. 33530 of 2018 PETITIONER: PEROORKADA CO-OPERATIVE BANK LIMITED NO.T.1412, REPRESENTED BY ITS SECRETARY, SHRI, VISWAKUMAR V., S/O K. VASUDEVAN PILLAI, AGED 54 YRS, PEROORKADA P.O. THIRUVANANTHAPURAM DISTRICT, KERALA, PIN- 695005 BY ADVS. SRI.C.A.JOJO SRI.MATHEWS JOSEPH SRI.JACOB CHACKO RESPONDENTS: 1 THE INCOME TAX OFFICER WARD-2(1), KOWDIAR, TRIVANDRUM- 695003 2 COMMISSIONER OF INCOME TAX (APPEALS)-1, OFFICE OF THE COMMISSIONER OF INCOME TAX(APPEALS), TRIVANDRUM 695 003 3 THE PRINCIPAL COMMISSIONER, OFFICE OF THE COMMISSIONER OF INCOME TAX TRIVANDRUM 695 003 4 THE JOINT COMMISSIONER, OFFICE OF THE COMMISSIONER OF INCOME TAX TRIVANDRUM 695 003. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33530 of 2018 2 JUDGMENT The petitioner, an assessee under the 1st respondent, has been facing the assessment proceedings for the years 2011-2012, 2013-14, 2014-15 and 2015-2016. It filed the Exhibits P7, P11, P14 and P17 statutory appeals along with the stay petitions. The petitioner apprehends that before the appellate forum could consider its applications, the respondent authority may take coercive steps. 2. This Court, after hearing the learned counsel on either side, disposes of this writ petition holding that the 2nd respondent will consider the interlocutory applications, including the stay petition, at the earliest and pass orders possibly within one month. The respondent authority shall defer coercive steps until the 2nd respondent considers the interlocutory applications. Sd/- DAMA SESHADRI NAIDU JUDGE WP(C).No. 33530 of 2018 3 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A COPY OF THE CERTIFICATE ISSUED BY THE JOINT REGISRAR OF CO-OPERATIVE SOCIETIES (GENERAL) THIRUVANANTHAPURAM DATED 13-03-2014 EXHIBIT P2 A TRUE COPY OF THE NOTICE U/S 148 DATED 29-03- 2016 FROM THE 1ST RESPONDENT EXHIBIT P3 A TRUE COPY OF THE REQUEST LETTER DATED 27-02- 2017 TO THE 1ST RESPONDENT EXHIBIT P4 A TRUE COPY OF THE JUDGMENT OF THE HON'BLE SUPREME COURT GKN DRIVESHAFT (INDIA) LTD VS ITOAND OTHERS DATED 25-11-2002 EXHIBIT P5 A TRUE COPY OF THE LETTER F.NO. AAAAP3974B/ITO/WARD-2(1)/TVM/2016-17 DATED 01- 03-2017 ISSUED BY THE 1ST RESPONDENT EXHIBIT P6 A TRUE COPY OF THE ASSESSMENT ORDER AND DEMAND FOR AY 2011-12 DATED 11-12-2017 EXHIBIT P7 A TRUE COPY OF THE E-FILED APPEAL FOR AY 2011- 12 DATED 20-01-2018 FILED BEFORE THE 2ND RESPONDENT EXHIBIT P8 A TRUE COPY OF THE STAY PETITION FOR AY 2011- 12 DATED 08-02-2018 BEFORE THE 2ND RESPONDENT EXHIBIT P9 A TRUE COPY OF THE REVISION PETITION DATED 18- 06-2018 BEFORE THE 2ND RESPONDENT. EXHIBIT P10 A TRUE COPY OF THE ORDER OF THE HON'BLE TRIBUNAL IN ITA NO. 97/COCH/2018 DATED 13-08- 2018 IS PRODUCED HEREWITH EXHIBIT P11 A TRUE COPY OF THE E-FILED APPEAL FOR AY 2013- 14 DATED 20-01-2018 FILED BEFORE THE 2ND RESPONDENT EXHIBIT P12 A TRUE COPY OF THE STAY PETITION FOR AY-2013- 14 DATED 08-02-2018 BEFORE THE 2ND RESPONDENT EXHIBIT P13 A TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT IN ITA NO. 286/EF/TVM/CIT(A), TVM/2016 17 WP(C).No. 33530 of 2018 4 DATED 19-02-2018 EXHIBIT P14 A TRUE COPY OF THE APPEAL NO. ITA 93/COCH/18 FOR AY 2014-15 DATED 21-03-2018 FILED BEFORE HON'BLE TRIBUNAL, COCHIN BENCH EXHIBIT P15 A TRUE COPY OF THE STAY PETITION FOR DATED 21- 03-2018 BEFORE THE HON'BLE TRIBUNAL. EXHIBIT P16 A TRUE COPY OF THE ASSESSMENT ORDER AND DEMAND FOR AY 2015-16 DATED 11-12-2017 EXHIBIT P17 A TRUE COPY OF THE APPEAL FOR AY 2015-16 DATED 20-01-2018 BEFORE THE 2ND RESPONDENT EXHIBIT P18 A TRUE COPY OF THE STAY PETITION FOR DATED 08- 02-2018 BEFORE THE 2ND RESPONDENT EXHIBIT P19 A TRUE COPY OF THE NOTICE OF DEMAND DATED 01- 10-2018 ISSUED BY THE 1ST RESPONDENT EXHIBIT P20 A TRUE COPY OF THE LETTER DATED 08-10-2018 SUBMITTED TO THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS NIL // TRUE COPY // P.A. TO JUDGE SD "