THE KALLAMKUNNU SERVICE CO-OPERATIVE BANK LIMITED NO R.314, V. THE COMMISSIONER OF INCOME TAX(APPEALS)

WP(C)/18513/2019

AI Insights

The case involves the Kallamkunnu Service Co-operative Bank Limited, which filed writ petitions against the Income Tax authorities concerning tax assessments and subsequent recovery proceedings. The bank contested the assessments for the financial years 2009-10 and 2014-15, which were issued by the Income Tax Officer. The petitions were based on a precedent set by a Division Bench in W.A No.1536 of 2019, which had directed the stay of recovery proceedings during the pendency of an appeal. The court, referencing the Full Bench decision in The Mavilayi Service Co-operative Bank Ltd v. The Commissioner of Income Tax, Calicut, ruled in favor of the bank, emphasizing the need for a timely resolution of the appeals and a halt to recovery actions in the meantime.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 754671 (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: O D SIVADAS
• Keywords: Co-operative Bank; Income Tax; Recovery proceedings; Statutory Appeals; Stay of recovery
• 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.18538 OF 2019(N) PETITIONER/S: THE KALLAMKUNNU SERVICE CO-OPERATIVE BANK LIMITED NO. R.314, P.O. NADAVARAMBA, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.O.D.SIVADAS RESPONDENT/S: 1 THE COMMISSIONER OF INCOME TAX(APPEALS) AYAKAR BHAVAN, SHAKTHAN NAGAR, THRISSUR, PIN-680001. 2 THE PRINCIPAL COMMISSIONER OF INCOME TAX, AYAKAR BHAVAN, SHAKTAN NAGAR, THRISSUR, PIN-680001. 3 THE INCOME TAX OFFICER, WARD (2), SHAKTAN NAGAR, THRISSUR, PIN-680001. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.08.2019, ALONG WITH WP(C).18513/2019(L), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) Nos. 18513 & 18538/2019 -2- 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.18513 OF 2019(L) PETITIONER/S: THE KALLAMKUNNU SERVICE CO-OPERATIVE BANK LIMITED NO R.314, P.O.NADAVARAMBA, THRISSUR DISTRICT ,REPRESENTED BY ITS SECRETARY. BY ADV. SRI.O.D.SIVADAS RESPONDENT/S: 1 THE COMMISSIONER OF INCOME TAX(APPEALS) AYAKAR BHAVAN, SHAKTAN NAGAR, THRISSUR, PIN-680 001. 2 THE PRINCIPAL COMMISSIONER OF INCOME TAX, AYAKAR BHAVAN, SHAKTAN NAGAR, THRISSUR, PIN-680 001. 3 THE INCOME TAX OFFICER, WARD (2), SHAKTAN NAGAR, THRISSUR, PIN-680 001. R1-3 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.08.2019, ALONG WITH WP(C).18538/2019(N), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) Nos. 18513 & 18538/2019 -3- J U D G M E N T [ WP(C).18538/2019, WP(C).18513/2019 ] Dated this the 19th day of August 2019 Heard Smt. Sameera holding for Sri. O.D.Sivadas, the learned counsel for the petitioner and Sri. Jose Joseph, the learned Standing Counsel for respondents. 2. Petitioner refers to and relies on judgment in W.A No.1536 of 2019 and connected cases dated 01.07.2019 to contend that the Division Bench directed disposal of appeal and also stay of recovery proceedings during the pendency of the appeal. 3. The learned Standing Counsel admits that the facts of the case are substantially same and similar to the facts noted by the Division Bench in W.A. No.1536 of 2019, hence can be followed. The writ petition is disposed of directing the Commissioner of Income Tax (Appeals)/ first respondent to consider and dispose of the subject statutory appeals filed by the petitioner herein at the W.P.(C) Nos. 18513 & 18538/2019 -4- 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 appeal. Sd/- S.V.BHATTI JUDGE jjj W.P.(C) Nos. 18513 & 18538/2019 -5- APPENDIX OF WP(C) 18538/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF THE ASSESSMENT ORDER DATED 22.12.2016 ISSUED BY THE 3RD RESPONDENT FOR THE PERIOD 2014- 15. EXHIBIT P2 COPY OF THE APPEAL DATED 28.01.2017 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE PERIOD 2014-15. EXHIBIT P3 COPY OF THE STAY PETITION DATED 27.02.2017 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P4 COPY OF THE ORDER DATED 09.03.2017 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P5 COPY OF THE REVIEW PETITION DATED 20.03.2017 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P6 COPY OF THE ORDER DATED 24.06.2019 ISSUED BY THE 2ND RESPONDENT. W.P.(C) Nos. 18513 & 18538/2019 -6- APPENDIX OF WP(C) 18513/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF THE ASSESSMENT ORDER DATED 22.12.2016 ISSUED BY THE 3RD RESPONDENT FOR THE PERIOD 2009- 10 EXHIBIT P2 COPY OF THE APPEAL DATED 28.1.2017 FILED BY THE PETITIONER BEFORE THE 1SDT RESPONDENT FOR THE PERIOD 2009-10 EXHIBIT P3 COPY OF THE STAY PETITION DATED 27.2.2017 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P4 COPY OF THE ORDER DATED 9.3.2017 ISSUED BY THE 3RD RESPONDENT EXHIBIT P5 COPY OF THE REVIEW PETITION DATED 20.3.2017 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P6 COPY OF THE ORDER DATED 24.6.2019 ISSUED BY THE 2ND RESPONDENT "