PUTHENCHIRA SERVICE CO-OPERATIVE BANK LIMITED, V. THE INCOME TAX OFFICER,

WP(C)/28170/2019

AI Insights

Puthenchira Service Co-operative Bank Limited filed a writ petition against the assessment orders for the years 2008-09 and 2016-17 issued by the Income Tax Officer. The bank had appealed these orders and filed stay petitions, which were partially granted by the tax authority, requiring a 20% payment of the assessed amounts for the stay. The bank sought a similar order as previously granted in identical cases, requesting that recovery steps be halted during the appeal process. The court, referencing its past decisions, directed the Commissioner of Income Tax (Appeals) to expedite the hearing of the appeals and maintain the status quo regarding the recovery of the assessed amounts until the appeals are resolved.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 765864 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 23-10-2019
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: C A JOJO; JACOB CHACKO; MATHEWS JOSEPH
• Keywords: Appeal; Assessment Order; Income Tax; Recovery Steps; Stay Petition
• Section: 220(6)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 23RD DAY OF OCTOBER 2019/1ST KARTHIKA, 1941 W.P(C).No.28170 OF 2019(U) PETITIONER: PUTHENCHIRA SERVICE CO-OPERATIVE BANK LIMITED, NO.2264, REPRESENTED BY ITS SECRETARY, RADHAMANI, AGED 56 YEARS, W/O.DIVAKARAN, PUTHENCHIRA P.O., THRISSUR DISTRICT, PIN- 680 682. BY ADVS.SRI.C.A.JOJO SRI.JACOB CHACKO SRI.MATHEWS JOSEPH 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 23.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.28170/2019 : 2 : J U D G M E N T Against Exts.P1 and P5 assessment orders under the Income Tax Act, for the assessment year 2008-09 and 2016-17, the petitioner has preferred Exts.P3 and P7 appeals together with Exts.P4 and P8 stay petitions before the 2nd respondent. Pending consideration of the appeals, the petitioner has also approached the authority under Section 220(6) of the Income Tax Act, and the said authority granted a stay of the recovery of the confirmed demand on condition that the petitioner pays 20% of the amounts confirmed against him by the assessment orders. In the writ petition, it is the case of the petitioner that inasmuch as this Court has, in identical matters, directed the Appellate Authority to consider the appeals, on merits, by directing that recovery steps for recovery of amounts confirmed against the assesse by the assessment orders shall be kept in abeyance during the pendency of the appeals, a similar order should be passed in his case also. W.P.(C).No.28170/2019 : 3 : 2. I have heard the learned counsel for the petitioner as also the learned Standing counsel for the respondents. Taking note of the directions of this Court in connected matters, the writ petition is disposed by directing the 2nd respondent to consider and pass orders on Exts.P3 and P7 appeals within an outer time limit of six months from the date of receipt of a copy of this judgment, after hearing the petitioner. It is made clear that recovery steps for recovery of amounts confirmed against the petitioner by Exts.P1 and P5 assessment orders shall be kept in abeyance till such time as orders are passed by the 2nd respondent, as directed and the order communicated to the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 2nd respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE prp/23/10/19 W.P.(C).No.28170/2019 : 4 : APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE ASSESSMENT ORDER AY 2008-09 DATED 24.02.2016 ISSUED BY THE FIRST RESPONDENT. EXT.P2: TRUE COPY OF THE DEMAND NOTICE DATED 24.02.2016 ISSUED BY THE FIRST RESPONDENT. EXT.P3: TRUE COPY OF THE APPEAL FOR AY 2008-09 DATED 15.03.2016 FILED BEFORE THE 2ND RESPONDENT. EXT.P4: TRUE COPY OF THE STAY PETITION DATED 15.03.2016 FILED BEFORE THE 2ND RESPONDENT. EXT.P5: TRUE COPY OF THE ASSESSMENT ORDER FOR AY 2016-17 DATED 11.12.2018 ISSUED BY THE 1ST RESPONDENT. EXT.P6: TRUE COPY OF THE DEMAND NOTICE FOR AY 2016-17 DATED 11.12.2018 ISSUED BY THE 1ST RESPONDENT. EXT.P7: TRUE COPY OF THE APPEAL FOR AY 2016-17 DATED 19.01.2019 FILED BEFORE THE 2ND RESPONDENT. EXT.P8: TRUE COPY OF THE STAY PETITION DATED 20.01.2019 FILED BEFORE THE 1ST RESPONDENT. EXT.P9: TRUE COPY OF THE DEMAND LETTER FOR AY 2008-09 DATED 15.10.2019 ISSUED BY THE 1ST RESPONDENT. EXT.P10: TRUE COPY OF THE DEMAND LETTER FOR AY 2016-17 DATED 15.10.2019 ISSUED BY THE 1ST RESPONDENT. RESPONDENTS EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE "