M/S. PERUR SERVICE CO-OPERATIVE BANK LTD. V. THE INCOME TAX OFFICER, PALAKKAD

WP(C)/8746/2018

AI Insights

The case involves M/s. Perur Service Co-operative Bank Ltd., the petitioner, who is aggrieved by several assessment orders issued by the Income Tax Officer, Ward-3, Palakkad, the first respondent. The petitioner had filed appeals against these orders and simultaneously requested stays on the realization of the assessed amounts. The primary grievance in the writ petition was the delay by the Commissioner of Income Tax (Appeals) in deciding on these stay applications, which led to the initiation of realization proceedings based on the assessment orders. The court's intervention was sought to expedite the decision-making process regarding the stay applications to prevent further actions on the assessment orders until the appeals were resolved.

• Counselvise Citation: [2018] 140 COUNSELVISE.COM (IT) 755266 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 15-03-2018
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: T M SREEDHARAN; V P NARAYANAN
• Keywords: Assessment Order; Income Tax; Realisation of amounts; Stay Petition
• Section: 220(6)

Judgement Text

" IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 15TH DAY OF MARCH 2018 / 24TH PHALGUNA, 1939 WP(C).No. 8746 of 2018 PETITIONER(S) M/S. PERUR SERVICE CO-OPERATIVE BANK LTD. PERUR P.O., LAKKIDI PALAKKAD-679302 REPRESENTED BY ITS SECRETARY, SHRI SATHISH.K BY ADVS.SRI.T.M.SREEDHARAN (SR.) SRI.V.P.NARAYANAN RESPONDENT(S): 1. THE INCOME TAX OFFICER, WARD-3, PALAKKAD 678001 2. THE COMMISSIONER OF INCOME TAX(APPEALS) AAYAKAR BHAWAN, SAKTHAN THAMPURAN NAGAR, THRISSUR-680001 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8746 of 2018 (P) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1: TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 3.1.2018 ISSUED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) EXHIBIT P2: TRUE COPY OF ASST. ORDER AND DEMAND NOTICE DATED 28.3.2016 OF THE ASST. YEAR 2010-11 PASSED BY THE 1ST RESPONDENT EXHIBIT P3: TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 23.4.2016 FOR THE ASST. YEAR 2010-11 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P3(a): TRUE COPY OF THE STAY PETITION DATED 23.4.2016 FOR THE ASST. YEAR 2010-11 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P4: TRUE COPY OF ASST. ORDER AND DEMAND NOTICE DATED 21.3.2016 OF THE ASST. YEAR 2014-15 PASSED BY THE 1ST RESPONDENT EXHIBIT P5: TRUE COPY OF ASST. ORDER AND DEMAND NOTICE DATED 21.12.2016 OF THE ASST. YEAR 2014-15 PASSED BY THE 1ST RESPONDENT EXHIBIT P6: TRUE COPY OF ASST. ORDER AND DEMAND NOTICE DATED 29.11.2017 OF THE ASST. YEAR 2015-16 PASSED BY THE 1ST RESPONDENT EXHIBIT P7: TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 23.4.2016 FOR THE ASST. YEAR 2013-14 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P7(a): TRUE COPY OF THE STAY PETITION PETITION DATED 23.4.2016 FOR THE ASST. YEAR 2013-14 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P8: TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 23.1.2017 FOR THE ASST. YEAR 2014-15 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P8(a): TRUE COPY OF THE STAY PETITION DATED 23.1.2017 FOR THE ASST. YEAR 2014-15 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P9; TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 4.1.2018 FOR THE ASST. YEAR 2015-16 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P9(a): TRUE COPY OF THE STAY PETITION DATED 4.1.2018 FOR THE ASST. YEAR 2015-16 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT WP(C).No. 8746 of 2018 (P) EXHIBIT P10: TRUE COPY OF THE PETITION FILED U/S 220(6) OF THE ACT DATED 25.4.2016 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST. YEAR 2010-11 EXHIBIT P10(a): TRUE COPY OF PETITION FILED U/S 220(6) OF THE ACT DATED 25.4.2016 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST. YEAR 2013-14 EXHIBIT P10(b): TRUE COPY OF THE PETITION FILED U/S 220(6) OF THE ACT DATED 23.1.2017 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST. YEAR 2014-15 EXHIBIT P10(c): TRUE COPY OF THE FIELD U/S 220(6) OF THE ACT DATED 4.1.2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST. YEAR 2015-16 RESPONDENTS EXHIBITS: NIL /TRUE COPY/ VPS PS TO JUDGE P .B.SURESH KUMAR, J. --------------------------------------------- W.P .(C) No. 8746 of 2018 --------------------------------------------- Dated this the 15th day of March, 2018 JUDGMENT Petitioner is an assessee under the Income T ax Act (the Act) on the rolls of the first respondent. Aggrieved by Exts.P2, P4, P5 & P6 assessment orders, the petitioner preferred Exts.P3, P7, P8 & P9 appeals before the second respondent. Exts.P3(a), P7(a), P8(a) & P9(a) are the applications for stay preferred by the petitioner in Exts.P3, P7, P8 & P9 appeals. The grievance of the petitioner in the writ petition concerns the delay on the part of the second respondent in passing orders on Exts.P3(a), P7(a), P8(a) & P9(a) applications for stay. It is alleged by the petitioner in the writ petition that proceedings have already been initiated for realisation of the amounts covered by Exts.P2, P4, P5 & P6 assessment orders. The petitioner, WPC 8746 /18 -:2:- therefore, seeks appropriate directions in this regard, in this writ petition. 2. Heard the learned counsel for the petitioner as also the learned Standing Counsel for the respondents. Having regard to the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition directing the second respondent to take a decision on Exts.P3(a), P7(a), P8(a) & P9(a) applications for stay, within two months from the date of receipt of a copy of this judgment. Ordered accordingly. Needless to say that until orders are passed on Exts.P3(a), P7(a), P8(a) & P9(a) applications for stay, further proceedings for realisation of the amounts covered by Exts.P2, P4, P5 & P6 assessment orders shall be deferred. Sd/- P .B.SURESH KUMAR, JUDGE vps 15/3 /T rue Copy/ PS to Judge "