POOMANGALAM SERVICE CO- OPERATIVE BANK LIMITED NO.R-712, V. THE INCOME TAX OFFICER

WP(C)/24356/2019

AI Insights

The case involves Poomangalam Service Co-operative Bank Limited, which filed a writ petition against the Income Tax Officer and the Commissioner of Income Tax (Appeals) concerning multiple assessment orders and demand notices issued for various assessment years. The petitioner contested these orders and notices, leading to appeals filed with the Commissioner of Income Tax (Appeals). The core issue was the stay of recovery proceedings during the pendency of these appeals. The petitioner relied on a previous judgment (W.A No.1536 of 2019) which granted a stay of recovery proceedings under similar circumstances. The respondents did not contest the similarity of facts with the cited precedent.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 754663 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 05-09-2019
• Assessment Year: misc
• Other Referred Cases: W.A No.1536 of 2019
• Laws Referred To: The Mavilayi Service Co-operative Bank Ltd, v. The Commissioner of Income Tax, Calicut [2019 (2) KHC 287]
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: C A JOJO; JACOB CHACKO; MATHEWS JOSEPH; SWATHY
• Keywords: Assessment Order; Demand notice; Income Tax; Recovery proceedings; Statutory Appeal
• Section: 220(6)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI THURSDAY, THE 05TH DAY OF SEPTEMBER 2019 / 14TH BHADRA, 1941 WP(C).No.24356 OF 2019(T) PETITIONER: POOMANGALAM SERVICE CO- OPERATIVE BANK LIMITED NO.R- 712, REPRESENTED BY ITS SECRETARY, NAMITHA V MENON, ARIPALAM P.O., THRISSUR DISTRICT, PIN-680688. BY ADVS. SRI.C.A.JOJO SRI.JACOB CHACKO SRI.MATHEWS JOSEPH SMT.SWATHY S. RESPONDENTS: 1 THE INCOME TAX OFFICER WARD-2(4), AYAKAR BHAVAN, NEAR SAKTHAN STAND, THRISSUR-680001. 2 THE COMMISSIONER OF INCOME TAX (APPEALS), AYAKAR BHAVAN, NEAR SAKTHAN STAND, THRISSUR-680001. BY SRI. JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.09.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.24356 OF 2019(T) 2 JUDGMENT Heard Sri. C.A. Jojo, the learned counsel for the petitioner and Sri. Jose Joseph, the learned Standing Counsel for respondents. 2. Petitioner refers to and relies on judgment dated 01.07.2019 in W.A No.1536 of 2019 and connected cases to contend that the Division Bench directed disposal of appeal and granted stay of recovery proceedings during the pendency of the appeal. 3. The learned Standing Counsel admits that the facts of the case are substantially same and similar to the facts noted by the Division Bench in W.A. No.1536 of 2019, hence can be followed. Hence, the writ petition is disposed of directing the Commissioner of Income Tax (Appeals)/ 2nd respondent to consider and dispose of the statutory appeal filed by the petitioner herein at the earliest taking note of the Full Bench decision reported in The Mavilayi Service Co-operative Bank Ltd, v. The Commissioner of Income Tax, Calicut [2019 (2) KHC 287] and to keep in abeyance WP(C).No.24356 OF 2019(T) 3 recovery proceedings and collection of tax assessed, pending disposal of such appeal. Sd/- S.V.BHATTI JUDGE DCS WP(C).No.24356 OF 2019(T) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER DATED 10.12.2018 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P2 A TRUE COPY OF THE DEMAND NOTICE DATED 10.12.2018 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE APPEAL FOR AY 2016-17 DATED 09.01.2019 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE STATUTORY APPLICATION U/S 220(6) BEFORE THE 1ST RESPONDENT DATED 19.07.2019. EXHIBIT P5 A TRUE COPY OF THE ASSESSMENT ORDER FOR AY 2014-15 DATED 20.12.2016 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE DEMAND NOTICE FOR AY 2014-15 DATED 20.12.2016 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE APPEAL FOR AY 2014-15 DATED 01.02.2017 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P8 A TRUE COPY OF THE ASSESSMENT ORDER DATED 20.12.2016 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P9 A TRUE COPY OF THE DEMAND NOTICE DATED 22.12.2016 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P10 A TRUE COPY OF THE APPEAL FOR AY 2013-14 DATED 01.02.2017 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P11 A TRUE COPY OF THE ASSESSMENT ORDER DATED 28.11.2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P12 A TRUE COPY OF THE DEMAND NOTICE DATED 28.11.2017 ISSUED BY THE 1ST RESPONDENT. WP(C).No.24356 OF 2019(T) 5 EXHIBIT P13 A TRUE COPY OF THE APPEAL FOR AY 2010-11 DATED 26.12.2017 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P14 A TRUE COPY OF THE ASSESSMENT ORDER DATED 20.12.2016 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P15 A TRUE COPY OF THE DEMAND NOTICE DATED 20.12.2016 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P16 A TRUE COPY OF THE APPEAL FOR AY 2009-10 DATED 01.02.2017 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P17 A TRUE COPY OF THE ASSESSMENT ORDER DATED 15.02.2016 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P18 A TRUE COPY OF THE DEMAND NOTICE DATED 15.02.2016 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P19 A TRUE COPY OF THE APPEAL FOR AY 2008-09 DATED 21.04.2016 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P20 A TRUE COPY OF THE NOTICE OF DEMAND DATED 12.07.2019 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P21 A TRUE COPY OF THE NOTICE OF DEMAND DATED 22.08.2019 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P22 A TRUE COPY OF THE JUDGMENT IN WPC NO.22496/2019 DATED 19.08.2019. "