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

WP(C)/20995/2019

AI Insights

The case involves two writ petitions filed by The Kalladikode Service Co-operative Bank Ltd and The Alanallur Service Co-operative Bank Ltd against the Income Tax Officer and the Commissioner of Income Tax (Appeals). The petitions were heard together due to the similarity in facts and legal issues, which were substantially the same as those in a previously decided case (Ext.P5 judgment dated 01.07.2019 in W.A No.1529 of 2019). The petitioners sought relief concerning the recovery of assessed taxes while their appeals were pending. The court's decision was based on the need to adhere to the established legal precedent and ensure that the petitioners' rights to a fair hearing of their appeals were upheld.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 695610 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 19-08-2019
• Assessment Year: misc
• Other Referred Cases: The Mavilayi Service Co-operative Bank Ltd v. The Commissioner of Income Tax, Calicut [2019 (2) KHC 287]
• 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: Co-operative Bank; Income Tax; Recovery proceedings; Statutory Appeals
• Section: 143(3)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI MONDAY, THE 19TH DAY OF AUGUST 2019 / 28TH SRAVANA, 1941 WP(C).No.21015 OF 2019(B) PETITIONER/S: THE KALLADIKODE SERVICE CO-OPERATIVE BANK LTD NO. P 7489, KALLADIKKODE, PALAKKAD - 678596, REPRESENTED BY ITS SECRETARY, BINOY JOSEPH, AGED 43, S/O. JOSEPH BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENT/S: 1 THE INCOME TAX OFFICER WARD 4, AYAKAR BHAVAN, PALAKKAD - 678014. 2 THE COMMISSIONER OF INCOME TAX (APPEALS) SAKTHAN NAGAR, THRISSUR - 680 001. SC SRI. JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.08.2019, ALONG WITH WP(C).20995/2019(Y), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- WP(C) NO.21015 & 20995 OF 2019 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI MONDAY, THE 19TH DAY OF AUGUST 2019 / 28TH SRAVANA, 1941 WP(C).No.20995 OF 2019(Y) PETITIONER/S: THE ALANALLUR SERVICE CO-OPERATIVE BANK LTD NO.F 1178, ALANALLUR, MANNARKKAD, PALAKKAD-678 601, REPRESENTED BY ITS SECRETARY, SREENIVASAN P., AGED 47, S/O. SANKARAN. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENT/S: 1 THE INCOME TAX OFFICER WARD 4, AYAKAR BHAVAN, PALAKKAD-678 014. 2 THE COMMISSIONER OF INCOME TAX (APPEALS) SAKTHAN NAGAR, THRISSUR-680 001. SC SRI. JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.08.2019, ALONG WITH WP(C).21015/2019(B), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -3- WP(C) NO.21015 & 20995 OF 2019 JUDGMENT Heard Sri. Harisankar V.Menon, the learned counsel for the petitioners and Sri. Jose Joseph, the learned Standing Counsel for respondents. 2. Petitioners refer to and rely on Ext.P5 judgment dated 01.07.2019 in W.A No.1529 of 2019 and connected cases to contend that the Division Bench directed disposal of appeals and granted stay of recovery during the pendency of the appeals. 3. The learned Standing Counsel admits that the facts of these cases are substantially same and similar to the facts noted by the Division Bench in Ext.P5, hence the judgment in Ext.P5 can be followed. Hence, the writ petitions are disposed of directing the Commissioner of Income Tax (Appeals)/ 2nd respondent to -4- WP(C) NO.21015 & 20995 OF 2019 consider and dispose of the statutory appeals filed by the petitioners herein at the earliest taking note of the Full Bench decision reported in The Mavilayi Service Co-operative Bank Ltd, v. The Commissioner of Income Tax, Calicut [2019 (2) KHC 287] and to keep in abeyance recovery proceedings and collection of tax assessed, pending disposal of such appeals. Sd/- S.V.BHATTI JUDGE JS -5- WP(C) NO.21015 & 20995 OF 2019 APPENDIX OF WP(C) 21015/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2016-17. EXHIBIT P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2016-17. EXHIBIT P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2016-17. EXHIBIT P4 COPY OF ORDER ISSUED BY THE 2ND RESPONDENT FOR THE YEAR 2016-17. EXHIBIT P5 COPY OF JUDGMENT IN WA NO.1529/2019 OF THIS HON'BLE COURT. -6- WP(C) NO.21015 & 20995 OF 2019 APPENDIX OF WP(C) 20995/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE IST RESPONDENT FOR THE YEAR 2016-17 DATED 26.12.2018. EXHIBIT P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2016-17 DATED 18.1.2019. EXHIBIT P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2016-17 DATED 16.1.2019. EXHIBIT P4 COPY OF ORDER ISSUED BY THE 2ND RESPONDENT FOR THE YEAR 2016-17 DATED 16.7.2019. EXHIBIT P5 COPY OF JUDGMENT IN WA NO.1529/2019 OF THIS HON'BLE COURT DATED 1.7.2019. "