THE ALANALLUR SERVICE CO-OPERATIVE BANK LTD. NO.F 1178, V. THE INCOME TAX OFFICER

WA/619/2020

AI Insights

The case involves the Alanallur Service Co-operative Bank Ltd., which appealed against an order from a Single Judge of the High Court of Kerala. The original writ petition sought a stay on tax recovery actions following an assessment order. The High Court had previously issued an interim stay on the collection and recovery of the tax due, pending the decision on the stay petition by the ITAT. The appeal to the Division Bench did not challenge the merits of the case but sought to ensure a timely resolution of the stay and the main appeal by the ITAT.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 751582 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 24-01-2022
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Partly Allowed
• Court: HIGH COURT
• Department Lawyers: P K MENON
• Assessee Lawyers: HARISANKAR MENON; MEERA MENON
• Keywords: Income Tax; Interim order; Stay Petition; Writ Appeal
• Section: 281

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MRS. JUSTICE M.R.ANITHA MONDAY, THE 24TH DAY OF JANUARY 2022 / 4TH MAGHA, 1943 WA NO. 619 OF 2020 AGAINST THE ORDER/JUDGMENT IN WP(C) 5509/2020 OF HIGH COURT OF KERALA APPELLANT/S: THE ALANALLUR SERVICE CO-OPERATIVE BANK LTD. NO.F 1178, ALANALLUR, MANNARKKAD, PALAKKAD-678601, REPRESENTED BY ITS SECRETARY, P.SREENIVASAN, AGED 47, S/O.SANKARAN. BY ADVS. HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENT/S: 1 THE INCOME TAX OFFICER WARD 14, AYAKAR BHAVAN, PALAKKAD-678014. 2 THE COMMISSIONER OF INCOME TAX (APPEALS), AYAKAR BHAVAN, THRISSUR-680001. 3 THE INCOME TAX APPELLATE TRIBUNAL, AYAKAR BHAVAN, KAKKANADU, KOCHI-682030, REPRESENTED BY ITS REGISTRAR. BY ADV SRI.P.K.RAVINDRANATHA MENON, SENIOR ADVOCATE OTHER PRESENT: ADV RAJI FOR SC JOSE JOSEPH THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.No.619 of 2020 2 JUDGMENT S.V.Bhatti,J. Heard Adv. Harisankar V.Menon and Adv.Raji for parties. 2. The appellant is the petitioner. The appeal is filed questioning the order of the learned Single Judge, whereunder directions have been issued to the Tribunal as follows: \"Having heard the learned counsel for the parties and apprised the paper book, I am of the view that the pleadings are bereft of any steps for taking of possession by making mention or otherwise before the ITAT. Bet that as it may, considering the fact that no steps of demand or attachment proceedings under Section 281 of the Income Tax Act have been initiated, I dispose of the writ petition with a direction to 3rd respondent to consider and pass appropriate orders on the application of stay in accordance with law, as expeditiously as possible within a period of 15 days from the date of receipt of a certified copy of this judgment.\" 3. This Court on 23.03.2020 granted the following interim directions: \"Not admitted. Standing Counsel for Govt. of India (Taxes) enters appearance on behalf of the respondents. There will be an interim stay against collection and recovery of tax due pursuant to Ext.P1 assessment order, until the third respondent Tribunal passes orders on the stay petition in accordance with the directions contained in the judgment in WP(C) No.5509/2020 dated 05.03.2020.” 4. The appeal and the stay petition, it appears, are still pending consideration before the Tribunal. We are not inclined to examine the merits of W.A.No.619 of 2020 3 the contentions urged by both sides. The ends of justice are met if the appeal is disposed of firstly, by making the interim order granted in the writ appeal as an order to be in force till the stay petition is disposed of. Hence, the writ appeal stands disposed of with the following directions: a) The Tribunal disposes of the stay petition if the stay petition is not already disposed of within three months from the date of receipt of copy of the judgment. The interim order granted by this Court is subject to the disposal of the stay petition before the Tribunal. b) The Tribunal endeavors to dispose of the appeal as well within six months from the date of receipt of copy of the judgment. Sd/- S.V.BHATTI JUDGE Sd/- M.R.ANITHA JUDGE JS "