THE AYIROOPPARA FARMERS SERVICE CO OPERATIVE BANK LTD. V. THE INCOME TAX OFFICER

WP(C)/35922/2017

AI Insights

The case involves the Ayirooppara Farmers Service Co Operative Bank Ltd., which filed a writ petition against the Income Tax Officer and the Commissioner of Income Tax (Appeals) challenging an assessment order. The petitioner had filed an appeal and a stay petition against the assessment order, but recovery steps were initiated by the respondents before the stay petition was considered. The court heard arguments from both sides and decided to halt the recovery process until the stay petition was addressed.

• Counselvise Citation: [2017] 140 COUNSELVISE.COM (IT) 755385 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 10-11-2017
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: CHRISTOPHER ABRAHAM
• Assessee Lawyers: V G ARUN; T R HARIKUMAR; JAIBY PAUL; ARJUN RAGHAVAN; ADITHYA RAJEEV
• 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 FRIDAY, THE 10TH DAY OF NOVEMBER 2017/19TH KARTHIKA, 1939 WP(C).No. 35922 of 2017 (M) ---------------------------- PETITIONER: ------------- THE AYIROOPPARA FARMERS SERVICE CO OPERATIVE BANK LTD.no.2154, REPRESENTED BY ITS MANAGING DIRECTOR, POTHENCODE P.O., THIRUVANANTHAPURAM DISTRICT-695584. BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR SRI.JAIBY PAUL SRI.ARJUN RAGHAVAN SRI.ADITHYA RAJEEV RESPONDENTS: -------------- 1. THE INCOME TAX OFFICER WARD-2(1), OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, RANGE-2, AAYAKAR BHAVAN, KOWDIAR P.O., THIRUVANANTHAPURAM DISTRICT-695003. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), AYAKAR BHAVAN, KOWDIAR P.O., THIRUVANANTHAPURAM DISTRICT-695003. R1& R2 BY SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-11- 2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35922 of 2017 (M) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE DATED 03.03.2015, ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM. EXHIBIT P2 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2014-2015 DATED 29.12.2016. EXHIBIT P3 A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 29.12.2016. EXHIBIT P4 A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT-P2 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 09.01.2017. EXHIBIT P5 A TRUE COPY OF THE STAY PETITION DATED 10.01.2017, FILED BY THE PETITIONER IN EXT-P4 APPEAL. EXHIBIT P6 A TRUE COPY OF THE RECTIFICATION ORDER NO.AAAAA8288K/W-2(1)/ TVM/2017-18 DATED 22.08.2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE NOTICE NO.AAAAA8288K/W-2(1)/TVM/2017-18 DATED 14.09.2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P8 A TRUE COPY OF THE NOTICE NO.AAAAA8288K/W-2(1)/TVM/2017-18 DATED 30.10.2017 ISSUED BY THE 1ST RESPONDENT. RESPONDENT(S)' EXHIBITS ;NIL ----------------------- TRUE COPY P.S TO JUDGE AL/- A.K.JAYASANKARAN NAMBIAR, J. ................................................................... W.P.(C).No.35922 Of 2017 ..................................................................... Dated this the 10th day of November, 2017 J U D G M E N T Against Ext.P2 assessment order under the Income Tax Act, the petitioner has preferred Ext.P4 appeal together with Ext.P5 stay petition before the 2nd respondent. It is the case of the petitioner that even prior to considering the stay petition, recovery steps are taken by the respondents against the petitioner for recovery of the amounts confirmed by Ext.P2 assessment order. 2. I have heard the learned counsel appearing for the petitioner and also the learned Standing counsel appearing 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: 1. The 2nd respondent shall consider and pass orders on Ext.P5 stay petition within a period of three months from the date of receipt of a copy of W.P.(C).No.35922 Of 2017 2 this judgment, after hearing the petitioner. 2. Recovery steps for recovery of amounts confirmed against petitioner by Ext.P2 assessment order shall be kept in abeyance till orders are passed by the 2nd respondent as directed above and communicated to the petitioner. 3. The petitioner shall produce a copy of this judgement, together with a copy of the writ petition before the 2rd respondent for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE mns/10.11.17 "