M/S. SANTHIGRAM SERVICE CO-OPERATIVE BANK LTD. NO.K-280 V. THE INCOME TAX OFFICER

WP(C)/6942/2017

AI Insights

The case involves M/S. Santhigram Service Co-operative Bank Ltd., represented by its Secretary, K.P. Rajasekhara Pillai, who filed a writ petition challenging an assessment order issued by the Income Tax Officer, Non-Corporate Ward-II, Thodupuzha. The petitioner sought an interim stay against the assessment order, which was granted and extended multiple times. The petitioner expressed willingness to appeal the assessment order, provided the interim stay continued until the appellate authority's decision. The court heard arguments from both parties and decided to allow the petitioner to appeal, with the condition that the interim stay would remain effective during the appeal process.

• Counselvise Citation: [2017] 140 COUNSELVISE.COM (IT) 755431 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 15-06-2017
• Assessment Year: misc
• Other Referred Cases: ITA NO.212/2013
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: K M V PANDALAI
• Assessee Lawyers: HARISANKAR MENON; MEERA MENON
• Keywords: Appeal; Assessment Order; Interim Stay; Writ petition

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 15TH DAY OF JUNE 2017/25TH JYAISHTA, 1939 WP(C).No. 6942 of 2017 (P) --------------------------- PETITIONER(S): ----------------------- M/S. SANTHIGRAM SERVICE CO-OPERATIVE BANK LTD. NO.K-280, ERATTAY AR. P.O., KATTAPPANA, IDUKKI DISTRICT, REPRESENTED BY ITS SECRETARY , K.P. RAJASEKHARA PILLAI. BY ADVS.SRI.HARISANKAR V. MENON, SMT.MEERA V.MENON. RESPONDENT(S): ------------------------- 1. THE INCOME TAX OFFICER, NON-CORPORATE WARD-II, MAHIMA TOWER, TEMPLE BYE PASS ROAD, THODUPUZHA-685 584. 2. THE CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI-110 001, REPRESENTED BY ITS CHAIRMAN. BY SRI.K.M.V.P ANDALAI, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C).No. 6942 of 2017 (P) APPENDIX PETITIONER'S EXHIBITS:- P1 COPY OF JUDGMENT IN ITA NO.212/2013 OF THIS HON'BLE COURT DATED 15/02/2016. P2 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT DATED 19/12/2016. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs. A.K.JAYASANKARAN NAMBIAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.6942 of 2017 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of June, 2017 JUDGMENT The petitioner has approached this Court aggrieved by Ext.P2 order of assessment, passed against him by the 1st respondent. I note that, when the writ petition came up for admission, this Court had granted an interim stay against the assessment order for a period of two weeks from the date of the order, and the said interim stay has been extended from time to time, and continues to be in force even today. The learned counsel for the petitioner submits that the petitioner is prepared to prefer an appeal before the appellate authority, so long as the stay already granted by this Court continues to be in force till such time as the appellate authority disposes the appeal. 2. I have heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. 3. On a consideration of the facts and circumstances of the case and the submissions made across the bar, I dispose the writ petition with the following directions: 1. If the petitioner files an appeal W.P.(c).No.6942 of 2017 : 2 : against Ext.P2 assessment order within a period of two weeks from the date of receipt of a copy of this judgment, then the appellate authority under the Income Tax Act, shall consider the appeal and pass orders thereon, in accordance with law. 2. The interim stay against recovery of the amounts confirmed against the petitioner by Ext.P2 assessment order shall continue to be in force, till such time as orders are passed by the appellate authority in the appeal to be filed by the petitioner. 3. The petitioner shall produce a copy of the writ petition along with a copy of this judgment, before the respondents, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE sm/ "