THE EDATHIRINJI SERVICE CO-OPERATIVE BANK LTD. V. THE INCOME TAX OFFICER

WP(C)/8412/2020

AI Insights

The case involves the EdathirinjI Service Co-operative Bank Ltd., which is a primary agricultural credit society, challenging an assessment order for the year 2012-13. The bank initially appealed the assessment order to the Commissioner of Income Tax, which was dismissed. Subsequently, the bank filed an appeal and a stay application with the Income Tax Appellate Tribunal, Ernakulam, which were still pending. The petitioner sought the High Court's intervention to expedite the consideration of the stay application due to the looming threat of coercive steps from the tax authorities. The respondents, representing the tax authorities, acknowledged the backlog of cases at the Tribunal but did not oppose the High Court's directive for a timely decision on the stay application.

• Counselvise Citation: [2020] 140 COUNSELVISE.COM (IT) 762955 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 18-03-2020
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: HARISANKAR MENON; MEERA MENON
• Keywords: Appeal; Assessment Order; Coercive Measures; Income Tax; Stay Application
• Section: 143(3)

Judgement Text

"1 WP(C).No.8412 OF 2020 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 WP(C).No.8412 OF 2020(B) PETITIONER/S: THE EDATHIRINJI SERVICE CO-OPERATIVE BANK LTD. NO.R 137, EDATHIRINJI.P.O, THRISSUR-680122, REPRESENTED BY ITS SECRETARY, C.K.SURESH BABU, AGED 57, S/O.KOCHURAMAN BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENT/S: 1 THE INCOME TAX OFFICER WARD 2(1), AYAKAR BHAVAN, PALAKKAD-678014 2 THECOMMISSIONER OF INCOME TAX (APPEALS), AYAKAR BHAVAN, THRISSUR-680001 3 THE INCOME TAX APPELLATE TRIBUNAL, AYAKAR BHAVAN, KAKKANADU, KOCHI-682030, REPRESENTED BY ITS REGISTRAR OTHER PRESENT: SRI JOSE JOSEPH SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 WP(C).No.8412 OF 2020 J U D G M E N T Dated this the 18th day of March 2020 The petitioner, a primary agricultural credit society, against assessment order dated 29.11.2019 Ext.P1 pertaining to assessment year 2012-13, preferred an appeal before the Commissioner of Income Tax having jurisdiction. The aforementioned appeal, vide order dated 10.02.2020 Ext.P2 was dismissed. Counsel for the petitioner submits that against aforementioned dismissal order, preferred an appeal before the Income Tax Appellate Tribunal, Ernakulam Ext.P3 and a stay application in Ext.P4 dated 14.03.2020 and the same are pending consideration. However as per the assertions made in Paragraph 12 of the Writ Petition, the threat of coercive steps is looming large. Her client would be satisfied in case appropriate directions are issued to the ITAT to consider the stay application in accordance with law within some time frame. 2. Issue notice before admission. Mr. Jose Joseph accepts notice on behalf of the respondents and submits that in case any direction by this court, the Income Tax Appellate Tribunal may be in difficulty in deciding the applications, since 3 WP(C).No.8412 OF 2020 numerous appeals prior to the appeal of the petitioner are pending consideration. 3. Having heard the counsel for the parties, without expressing any views on the merits of the case, I dispose of this writ petition with a direction to the Income Tax Appellate Tribunal, Ernakulam to consider the application for stay Ext.P4 submitted in support of Ext.P3 appeal, in accordance with law, after affording opportunity of hearing to the petitioner and as well as the revenue and pass an order within a period of 45 days from the receipt of certified copy of this judgment. Till such time if any coercive measures are contemplated or any demand is raised, it is ordered to be kept in abeyance till the adjudication of stay application. Sd/- AMIT RAWAL JUDGE SM 4 WP(C).No.8412 OF 2020 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2012-13 EXHIBIT P2 COPY OF APPELLATE ORDER ISSUED BY THE 2ND RESPONDENT FOR THE YEAR 2012-13 EXHIBIT P3 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR 2012-13 EXHIBIT P4 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT "