Peroorkada Service Co-operative Bank Limited V. The Income Tax Officer and Commissioner of Income Tax (Appeals)-1 and Commissioner of Income Tax (Appeals) National Faceless Assessment Centre and Assistant Registrar Income Tax Appellate Tribunal

WP(C)/31174/2023

AI Insights

The case involves Peroorkada Service Co-operative Bank Limited, which filed a Writ Petition challenging the recovery steps for an assessment tax of Rs.45,32,05,847 based on the assessment order dated 02.02.2022 for the year 2013-2014. The petitioner, a Co-operative Society, had already filed an appeal against the assessment order but did not seek an interim stay. The court found the Writ Petition to be not maintainable at this stage, emphasizing that the appellate authority should first consider the appeal. The petitioner was allowed to file a stay application, which the appellate authority was directed to address promptly.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 684708 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 25-09-2023
• Assessment Year: misc
• Other Referred Cases: ITA NO. 47/COCH/2019, ITA NO.141/COCH/2019, ITA NO.93/COCH/2018, ITA NO.400/COCH/2018
• Laws Referred To: Kerala Co-operative Societies Act, 1969, Section 80P
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: CHRISTOPHER ABRAHAM
• Assessee Lawyers: C A JOJO
• Keywords: Appeal; Co-operative Society; Income Tax; Stay Application; Writ petition; Assessment Tax
• Section: 80P

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 WP(C) NO. 31174 OF 2023 PETITIONER: PEROORKADA SERVICE CO-OPERATIVE BANK LIMITED NO.T.1412, PEROORKADA P.O, THIRUVANANTHAPURAM DISTRICT, KERALA, PIN – 965 005 REPRESENTED BY ITS SECRETARY. BY ADV C.A.JOJO RESPONDENTS: 1 THE INCOME TAX OFFICER INCOME TAX OFFICE, WARD-2(1), KOWDIAR, TRIVANDRUM, PIN – 695 003. 2 COMMISSIONER OF INCOME TAX (APPEALS)-1 OFFIE OF THE COMMISSIONER OF INCOME TAX (APPEALS), TRIVANDRUM, PIN – 695 003. 3 THE COMMISSIONER OF INCOME TAX (APPEALS) NATIONAL FACELESS ASSESSMENT CENTRE, NORTH BLOCK, NEW DELHI-110001, PIN – 110 001. 4 ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL 1ST FLOOR, BLOCK C-I & C II, KENDRIYA BHAVAN, KAKKANAD, PIN – 682 037. OTHER PRESENT: CHRISTOPHER ABRAHAM-SC-IT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 31174 OF 2023 2 DINESH KUMAR SINGH, J. -------------------------------------------- WP(C) NO. 31174 OF 2023 -------------------------------------------- Dated this the 25th day of September, 2023 J U D G M E N T 1. The present Writ Petition has been filed by the petitioner interalia questioning the steps taken in pursuance to Ext.P6 and Ext.P9 for recovery of assessment tax of Rs.45,32,05,847/-. 2. The petitioner claims to be a Co-operative Society, registered under the provisions of Kerala Co-operative Societies Act, 1969. The petitioner has filed appeal against Ext.P3 assessment order dated 02.02.2022 for the assessment year 2013- 2014 before the appellate authority, without any application for interim stay. The assessing authority, through Ext.P3 assessment order has allowed deduction under Section 80P for an WP(C) NO. 31174 OF 2023 3 amount of Rs.50,08,06,922/- and total income assessed for Tax is Rs.44,77,32,810/-. The total demand payable is 31,51,58,528/- in respect of the assessment year 2013-2014. 3. The learned counsel for the petitioner submits that in the subsequent year also there is demand. Considering the facts that the petitioner has already approached the appellate authority, this Court does not find this Writ Petition as maintainable. Petitioner’s appeal in respect of the assessment orders shall be considered by the appellate authority. 4. The learned counsel for the petitioner submits that the petitioner will file a stay application in the pending appeal and this Court may direct the appellate authority to consider the stay application of the petitioner expeditiously. 5. Considering the aforesaid prayer and WP(C) NO. 31174 OF 2023 4 submission of the learned counsel for the petitioner, this writ petition is disposed of, giving liberty to the petitioner to file a stay application within a period of 2 days from today. The appellate authority should consider Ext.P5 appeal and stay application as expeditiously in accordance with law and pass appropriate order within a period of one month. 6. With the aforesaid direction, the Writ Petition is disposed of. Sd/- DINESH KUMAR SINGH JUDGE rpr WP(C) NO. 31174 OF 2023 5 APPENDIX OF WP(C) 31174/2023 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE ITAT ORDER IN ITA NO. 47/COCH/2019, ITA NO.141/COCH/2019, ITA NO.93/COCH/2018 AND ITA NO.400/COCH/2018 DATED 26.06.2019 Exhibit P2 A TRUE COPY OF THE PETITION FOR RECTIFICATION OF MISTAKE APPARENT FROM RECORDS U/S 254 DATED 19.05.2023 Exhibit P3 A TRUE COPY OF THE DEMAND NOTICE AND ASSESSMENT ORDER ISSUED BY THE 2ND RESPONDENT DATED 02.02.2022 Exhibit P4 A TRUE COPY OF THE ORDER GIVING EFFECT TO THE ORDER OF CIT (APPEALS) U/S 250 ISSUED BY THE 2ND RESPONDENT DATED 17.04.2023 Exhibit P5 A TRUE COPY OF THE APPEAL SUBMITTED BEFORE THE 3RD RESPONDENT DATED 14.08.2023 Exhibit P6 A TRUE COPY OF THE LETTER OF DEMAND ISSUED BY THE 1ST RESPONDENT DATED 12.09.2023 Exhibit 7 A TRUE COPY OF THE REPLY LETTER SUBMITTED BEFORE THE 1ST RESPONDENT DATED 15.09.2023 Exhibit P8 A TRUE COPY OF THE PETITION FOR RECTIFICATION OF MISTAKE APPARENT FROM RECORDS DATED 06.05.2023 Exhibit P9 A TRUE COPY OF THE LETTER OF DEMAND ISSUED BY THE 1ST RESPONDENT DATED 12.09.2023 Exhibit P10 A TRUE COPY OF THE REPLY LETTER SUBMITTED BEFORE THE 1ST RESPONDENT DATED 15.09.2023 "