THE AVINISSERY SERVICE CO-OPERATIVE BANK LTD.NO.400 V. THE INCOME TAX OFFICER

WP(C)/30513/2017

AI Insights

The case involves The Avinissery Service Co-operative Bank Ltd., which challenged the recovery steps taken by the Income Tax Department against it based on assessment orders for the years 2008-2009, 2009-2010, and 2013-2014. The bank had filed appeals and stay petitions against these orders, which were pending before the Commissioner of Income Tax (Appeals). The primary legal issue was the premature initiation of recovery actions by the tax authorities before the resolution of the stay petitions. The court's intervention was sought to halt these recovery actions until the stay petitions were duly considered.

• Counselvise Citation: [2017] 140 COUNSELVISE.COM (IT) 761285 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 25-09-2017
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: M SASINDRAN; S KUMAR
• Keywords: Assessment Order; Income Tax; Recovery Steps; Stay Petition
• Section: 143(3)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 25TH DAY OF SEPTEMBER 2017/3RD ASWINA, 1939 WP(C).No. 30513 of 2017 (L) ---------------------------- PETITIONER: ---------- THE AVINISSERY SERVICE CO-OPERATIVE BANK LTD.NO.400, P.O.AVINISSERY, THRISSUR - 680 306, REPRESENTED BY ITS SECRETARY. BY ADVS.SRI.M.SASINDRAN SRI.S.SHYAM KUMAR RESPONDENT(S): -------------- 1. THE INCOME TAX OFFICER, OFFICE OF THE INCOME TAX OFFICER WARD 2(1), INCOME TAX OFFICE, AYYANKAR BHAVAN, THRISSUR - 680 001. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), THRISSUR - 680 001. 3. THE RECOVERY OFFICER, INCOME TAX OFFICE, AYYANKAR BHAVAN, THRISSUR - 680 001. BY ADV.SRI JOSE JOSEPH,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-09-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.V. WP(C).No. 30513 of 2017 (L) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT-P1: A TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE FIRST RESPONDENT WITH REGARD TO THE ASSESSMENT YEAR 2008-2009. EXHIBIT-P2: A TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE FIRST RESPONDENT WITH REGARD TO THE ASSESSMENT YEAR 2009-2010. EXHIBIT-P3: A TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE FIRST RESPONDENT WITH REGARD TO THE ASSESSMENT YEAR 2013-2014. EXHIBIT-P4: A TRUE COPY OF THE APPEAL MEMORANDUM WITH REGARD TO ASSESSMENT YEAR 2008-2009. EXHIBIT-P5: A TRUE COPY OF THE APPEAL MEMORANDUM WITH REGARD TO ASSESSMENT YEAR 2009-2010. EXHIBIT-P6: A TRUE COPY OF THE APPEAL MEMORANDUM WITH REGARD TO ASSESSMENT YEAR 2013-2014. EXHIBIT-P7: A TRUE COPY OF THE STAY PETITION AGAINST THE DEMAND IN THE ASSESSMENT YEAR 2008-2009. EXHIBIT-P8: A TRUE COPY OF THE STAY PETITION AGAINST THE DEMAND IN THE ASSESSMENT YEAR 2009-2010. EXHIBIT-P9: A TRUE COPY OF THE STAY PETITION AGAINST THE DEMAND IN THE ASSESSMENT YEAR 2013-2014. EXHIBIT-P10: A TRUE COPY OF THE DEMAND NOTICE DATED 14.08.2017. EXHIBIT-P11: A TRUE COPY OF THE REPLY FILED BY THE PETITIONER DATED 18.8.2017. EXHIBIT-P11(A):A TRUE COPY OF THE REPLY FILED BY THE PETITIONER DATED 18.8.2017. EXHIBIT-P11(B):A TRUE COPY OF THE REPLY FILED BY THE PETITIONER DATED 18.8.2017. RESPONDENT(S)' EXHIBITS NIL ----------------------- /TRUE COPY/ K.V. P.S.TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. ============================= W.P.(C) No.30513 of 2017 ============================ Dated this the 25th day of September, 2017 JUDGMENT Against Exts.P1 to P3 assessment orders under the Income Tax Act, the petitioner has preferred Exts.P4 to P6 appeals together with Exts.P7 to P9 stay petitions before the 2nd respondent. It is the case of the petitioner that even prior to considering the stay petitions, recovery steps are taken by the respondents against the petitioner for recovery of the amounts confirmed by Exts.P1 to P3 assessment orders. 2. I have heard the learned counsel for the petitioner and also the learned Government Pleader for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I dispose the writ petition with the following directions: i) The 2nd respondent shall consider and pass orders on Exts.P7 to P9 stay petitions within a period of six weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. W.P.(C) No.30513 of 2017 -2- ii) Recovery steps pursuant to Ext.P10 Demand Notice for recovery of amounts confirmed against the petitioner by Exts.P1 to P3 assessment orders shall be kept in abeyance till such time as orders are passed by the 2nd respondent as directed above and communicated to the petitioner. iii) 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 VS "