THE ARUVIKKARA FARMERS SERVICE CO-OPERATIVE BANK LTD. NO. 603 V. THE INCOME TAX OFFICER,

WP(C)/4221/2020

AI Insights

The case involves the Aruvikkara Farmers Service Co-operative Bank Ltd., which challenged the dismissal of their rectification petition under Section 154 of the Income Tax Act, concerning an assessment order dated 30.11.2016. The dismissal of the rectification petition was confirmed by an order dated 03.09.2019. The petitioner filed an appeal and a stay petition on 30.01.2020, which had not been addressed. The Income Tax Department did not issue any demand following the dismissal of the rectification petition. The court did not express any opinion on the merits of the case but focused on the procedural delay in addressing the stay and appeal.

• Counselvise Citation: [2020] 140 COUNSELVISE.COM (IT) 763063 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 14-02-2020
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: CHRISTOPHER ABRAHAM
• Assessee Lawyers: T R HARIKUMAR; ARJUN RAGHAVAN
• Keywords: Assessment Order; Income Tax; Interim order; Rectification; Stay Petition
• Section: 154

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941 WP(C).No.4221 OF 2020(C) PETITIONER: THE ARUVIKKARA FARMERS SERVICE CO-OPERATIVE BANK LTD. NO. 603 REPRESENTED BY ITS MANAGING DIRECTOR-IN-CHARGE, ARUVIKKARA P O, THIRUVANANTHAPRUAM DISTRICT-695564. BY ADVS. SRI.T.R.HARIKUMAR SRI.ARJUN RAGHAVAN RESPONDENTS: 1 THE INCOME TAX OFFICER, WARD -2(3), OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX, AAYAKAR BHAVAN, KAWDIAR P O, THIRUVANANTHAPURAM - PIN - 695003. 2 THE COMMISSIONER OF INCOME TAX(APPEALS) AAYAKAR BHAVAN, KAWDIAR , THIRUVANANTHAPURAM - PIN - 695003. 3 THE REGISTRAR INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, KENDRIYA BHAVAN, BLOCK NO C1 AND C2, 1ST FLOOR, KAKKANAD, COCHIN-682030. ADV.SRI CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.4221 OF 2020(C) 2 JUDGMENT Dated this the 14th day of February 2020 The petitioner, an assessee of the Income Tax office had assailed the assessment order dated 30.11.2016 by seeking rectification under the Provisions of Section 154 of the Income Tax Act. The aforementioned rectification has been dismissed vide Ext.P3 order dated 3.9.2019. Against the aforementioned order, Ext.P4 appeal dated 30.1.2020 along with Ext. P5 stay petition applications have been filed. The grievance of the petitioner is that the applications for stay and appeal had not been taken up so far. 2. The learned Standing Counsel for the Income tax submits that no such demand in pursuance to the dismissal of the rectification petition has been so far been issued. WP(C).No.4221 OF 2020(C) 3 3. Having heard the learned counsel for the parties, without expressing any opinion on the merits of the matter, I dispose of the writ petition with a direction to the third respondent to take up and consider the application for interim stay moved along with the appeal within a period of one month from the date of receipt of a copy of this judgment and pass an appropriate order in accordance with law after affording an opportunity of hearing to the petitioner. In case the petitioner is successful qua interim order, no further order is required, otherwise the petitioner shall be at liberty to assail the order in accordance with law. Till the disposal of the interim application, any demand is contemplated, is ordered to be kept in abeyance. SD/- AMIT RAWAL JUDGE ACM WP(C).No.4221 OF 2020(C) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2011-2012 DATED 30.11.2016. EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 10.12.2018 IN ITA NO.122/EF/TVM/CIT(A)/TVM/2017-18 OF THE 2ND RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 03.09.2019 IN ITA NO.122/EF/TVM/CIT(A)/TVM/2017-18 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 154 OF THE INCOME TAX ACT. EXHIBIT P4 A TRUE COPY OF THE APPEAL MEMORANDUM DATED 30.1.2020 ALONG WITH AFFIDAVIT AND CHELAN. EXHIBIT P5 A TRUE COPY OF THE STAY PETITION FILED ALONG WITH EXT-P4 APPEAL DATED 30.01.2020. EXHIBIT P6 A TRUE COPY OF THE JUDGMENT DATED 19.07.2019 IN WA NO.1639 OF 2019. EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 25.11.2019 IN WP(C) NO.31690 OF 2019. EXHIBIT P8 A TRUE COPY OF THE JUDGMENT DATED 29.11.2019 IN WP(C) NO.32424 OF 2019. "