PUNALUR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO. Q 1644 V. THE COMMISSIONER OF INCOME TAX (APPEALS)

WP(C)/8628/2020

AI Insights

The case involves the Punalur Primary Co-operative Agricultural and Rural Development Bank Ltd, which sought judicial intervention to expedite the decision-making process regarding their appeal and stay application related to an income tax assessment. The petitioner had filed an appeal against an assessment order and requested a stay on the proceedings, which was not addressed in a timely manner by the appellate authority. The court's intervention was sought to ensure a prompt decision on these applications.

• Counselvise Citation: [2020] 140 COUNSELVISE.COM (IT) 753583 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 18-03-2020
• Assessment Year: misc
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: PHILIP VARGHESE; THOMAS VARGHESE; ACHU ABRAHAM; V T LITHA; K R MONISHA; SHRUTHI JACOB; ANTONY SAVIO
• Keywords: Appeal; Assessment Order; Income Tax; Stay Application

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 WP(C).No.8628 OF 2020(C) PETITIONER: PUNALUR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO. Q 1644 REPRESENTED BY ITS SECRETARY S. RATHIKUMAR, THALICODE P.O, PUNALUR 691 333 BY ADVS. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SMT.V.T.LITHA SMT.K.R.MONISHA SMT.SHRUTHI SARA JACOB SHRI.ANTONY SAVIO RESPONDENTS: 1 THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM 695 003. 2 THE INCOME TAX OFFICER, WARD NO. 2, AAYAKAR BHAVAN, NEAR KARBALA JUNCTION, KOLLAM 691 001 OTHER PRESENT: SRI JOSE JOSEPH SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.8628 OF 2020 -2- JUDGMENT Petitioner, Primary Co-operative Agricultural and Rural Development Bank, an assessee of income tax, has approached this Court for appropriate directions to the 1st appellate court to dispose of the appeal and stay application Exts.P4 and P8 dated 26.12.2019 and 09.03.2020 in a time bound manner. 2. Learned counsel for the petitioner submits that against the assessment order dated 07.12.2019 Ext.P1, petitioner preferred an appeal Ext.P4 dated 26.12.2019 and also requested the assessing officer to stay the proceedings however had suppressed the fact that stay application Ext.P8 dated 09.03.2020 has been filed. In the meantime, the petitioner received a communication from 2nd respondent dated 04.03.2020 to deposit 20% of the amount. Petitioner would be satisfied in case there is WP(C).No.8628 OF 2020 -3- a direction to the 1st respondent to consider the application. Having heard learned counsel for the parties and appraised the paper books, without expressing anything on the merits of the matter, I dispose of this writ petition with a direction to the appellate court to decide the application within a period of two months from the date of receipt of a certified copy of this judgment and affording an opportunity of being heard to the petitioner in accordance with law. Till such time the stay of demand vide Ext.P7 is stayed. It is made clear that the stay is only till the disposal of the application for stay Ext.P8 and not beyond. For the aforementioned reasons this writ petition stands disposed of. Sd/- AMIT RAWAL vv JUDGE WP(C).No.8628 OF 2020 -4- APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER FOR 2017-18 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DATED 07-12-20219 EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT FOR ASSESSMENT YEAR 2017- 2018 DATED 07-12-2019 EXHIBIT P3 TRUE COPY OF THE COMPUTATION SHEET FOR ASSESSMENT YEAR 2017-18 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DATED 07-12-2019 EXHIBIT P4 TRUE COPY OF MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT RAGARDING ASSESSMENT YEAR 2017-18 DATED 26-12-2019 EXHIBIT P5 TRUE COPY OF THE ACKNWLEDGMENT OF EXHIBIT P4 APPEAL MEMORANDUM DATED 26- 12-2019 EXHIBIT P6 TRUE COPY OF APPLICATION FOR STAY FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 16-01-2020 EXHIBIT P7 TRUE COPY OF LETTER NO. ITBA/COM/F/17/2019-20 1026078678(1) ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DATED 04-03-2020 EXHIBIT P8 TRUE COPY OFSTAY PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 09-03-2020 //TRUE COPY// PA TO JUDGE "