THE MADAVOOR SERVICE CO-OPERATIVE BANK LTD. NO.T 231 V. THE INCOME TAX OFFICER

WP(C)/9984/2018

AI Insights

The case involves the Madavoor Service Co-operative Bank Ltd., which filed a writ petition against the Income Tax Officer and the Commissioner of Income Tax (Appeals) concerning assessment orders for the years 2008-2009 and 2015-2016. The petitioner challenged the assessment orders and sought a stay on the recovery proceedings. The High Court of Kerala at Ernakulam, presided by Justice A. Muhamed Mustaque, heard the petition and decided to stay the recovery proceedings pending the decision on the stay applications by the Commissioner of Income Tax (Appeals).

• Counselvise Citation: [2018] 140 COUNSELVISE.COM (IT) 697571 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 22-03-2018
• Assessment Year: misc
• Other Referred Cases: W.P.C. No.30071 of 2017, ITA No.12/TVM/CIT(A), TVM/2014, W.P.C.No.38566 of 2017
• 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; Co-operative Bank; Income Tax; Stay Application

Judgement Text

" IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 22ND DAY OF MARCH 2018 / 1ST CHAITHRA, 1940 WP(C).No. 9984 of 2018 ----------------------- PETITIONER : ---------- THE MADAVOOR SERVICE CO-OPERATIVE BANK LTD. NO.T 231 REPRESENTED BY ITS SECRETARY, MADAVOOR, PALLICKAL P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695 601. 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(5), OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, RANGE-2, AYAKAR BHAVAN, KOWDIAR P.O., THIRUVANANTHAPURAM DISTRICT - 695 003. 2. THE COMMISSIONER OF INCOME TAX(APPEALS) AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM - 695 003. BY SRI. CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: bp 24/3/2018 WP(C).No. 9984 of 2018 (W) -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE DATED 06.11.2017, ISSUED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL) CHIRAYINKEEZHU. EXHIBIT P2 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2008-2009 DATED 22.03.2014. EXHIBIT P3 A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 22.03.2014. EXHIBIT P4 A TRUE COPY OF THE JUDGEMENT DATED 10.10.2017 IN W.P.C. NO.30071 OF 2017. EXHIBIT P5 A TRUE COPY OF THE APPELLATE ORDER DATED 17.11.2017 IN ITA NO.12/TVM/CIT(A), TVM/2014. EXHIBIT P6 A TRUE COPY OF THE REVISED ORDER DATED 13.12.2017 FOR THE ASSESSMENT YEAR 2008-2009 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 13.12.2017. EXHIBIT P8 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2015-2016 DATED 24.11.2017. EXHIBIT P9 A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 24.11.2017. EXHIBIT P10 A TRUE COPY OF THE NOTICE NO.AAAAM5968N/W-2(5)/TVM/2017-2018 DATED 14.02.2018. EXHIBIT P11 A TRUE COPY OF THE NOTICE NO.AAAAM5968N/W-2(5)/TVM/2017-2018 DATED 15.02.2018. EXHIBIT P12 A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT P6 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 10.02.2018. EXHIBIT P13 A TRUE COPY OF THE STAY PETITION DATED 10.02.2018, FILED BY THE PETITIONER IN EXT.P12 APPEAL ON 01.03.2018. EXHIBIT P14 A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT-P8 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 10.02.2018. WP(C).No. 9984 of 2018 (W) -------------------------- EXHIBIT P15 A TRUE COPY OF THE STAY PETITION DATED 10.02.2018, FILED BY THE PETITIONER IN EXT.P14 APPEAL ON 01.03.2014. EXHIBIT P16 A TRUE COPY OF THE JUDGMENT DATED 21.12.2017 IN W.P.C.NO.38566 OF 2017. RESPONDENT'S EXHIBITS : NIL. //TRUE COPY// P.S. TO JUDGE bp 24/3/2018 A. MUHAMED MUSTAQUE, J. ......................................... W.P.(C).No.9984 of 2018 .......................................... Dated this the 22nd day of March, 2018. JUDGMENT The petitioner as against the assessment orders, approached the 2nd respondent in appeal. The petitioner also filed applications for stay. 2.There shall be a direction to the 2nd respondent to dispose of the stay applications within two months after adverting to the directions of this Court in W.P.(C).No.38566/2017. Till the disposal of the stay applications, recovery proceedings pursuant to Exts. P6 and P8 assessment orders shall be kept in abeyance. The writ petition is disposed of as above. Sd/- A. MUHAMED MUSTAQUE, JUDGE. cl "