THE MANICKAL SERVICE CO-OPERATIVE BANK LTD. NO.1910 V. THE INCOME TAX OFFICER

WP(C)/13366/2019

AI Insights

The case involves the Manickal Service Co-operative Bank Ltd., which challenged an assessment order under the Income Tax Act. The bank had filed an appeal and a stay petition with the Commissioner of Income Tax (Appeals), but continued to face demands based on the original assessment order. The High Court of Kerala intervened to ensure that the appeal was considered before any further recovery actions were taken based on the assessment order.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 697411 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 10-05-2019
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: T R HARIKUMAR; ARJUN RAGHAVAN
• Keywords: Appeal; Assessment Order; Coercive Proceedings; Income Tax; Stay Petition
• Section: 154

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 10TH DAY OF MAY 2019 / 20TH VAISAKHA, 1941 WP(C).No. 13366 of 2019 PETITIONER: THE MANICKAL SERVICE CO-OPERATIVE BANK LTD. NO.1910 REPRESENTED BY ITS SECRETARY, PIRAPPANCODE.P.O,THIRUVANANTHAPURAM DISTRICT- 695607. BY ADVS. SRI.T.R.HARIKUMAR SRI.ARJUN RAGHAVAN RESPONDENTS: 1 THE INCOME TAX OFFICER WARD-2(3),OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX,RANGE-2, 1ST FLOOR,AYAKAR BHAVAN,KOWDIAR, THIRUVANANTHAPURAM DISTRICT-695003. 2 THE COMMISSIONER OF INCOME TAX(APPEALS), AAYAKAR BHAVAN,KOWDIAR, THIRUVANANTHAPURAM-695003. OTHER PRESENT: SRI JOSE JOSEPH - STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.05.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.13366/19 2 JUDGMENT 1.Petitioner is a primary credit society which has been issued with assessment order under the Income Tax Act. Being aggrieved by the assessment order, the petitioner has preferred statutory appeal, Exhibit P9, before the 2nd respondent appellate authority under the Income Tax Act. The petitioner has also preferred Exhibit P10 stay petition in the appeal. However, it is contended that demands are being raised in terms of the assessment orders. 2.Having heard the learned counsel for the petitioner as well as the learned standing counsel appearing for the respondents, I am of the opinion that the appeal preferred by the petitioner institution is liable to be considered and disposed of on merits before proceeding with the recovery of amounts in terms of the orders passed by the assessment authority. 3.In the above view of the matter, there will be a direction to the 2nd respondent appellate authority to take up consider and W.P.(C).No.13366/19 3 pass appropriate orders on Exhibit P9 appeal preferred by the petitioner and to dispose of the same in accordance with law at the earliest, at any rate, within three months from the date of receipt of a copy of this judgment. Till orders are passed on the appeal, as directed above, coercive proceedings on the basis of the original order shall be kept in abeyance. Writ petition is ordered accordingly. Sd/- Anu Sivaraman, Judge sj W.P.(C).No.13366/19 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE DATED 05.12.2018,ISSUED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL),NEDUMANGADU. EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 23.02.2018 IN WP(C)NO.6093 OF 2018 EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 02.08.2018 IN W.A.NO.1415/2018. EXHIBIT P4 A TRUE COPY OF THE RECTIFICATION ORDER UNDER SECTION 154 OF THE INCOME TAX ACT ISSUED BY THE 1ST RESPONDENT DATED 18.01.2019. EXHIBIT P5 A TRUE COPY OF THE ONLINE APPEAL DATED 29/01/2019 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE STAY PETITION DATED 10/02/2019 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE RECTIFICATION ORDER UNDER SECTION 154 OF THE INCOME TAX ACT,ISSUED BY THE 1ST RESPONDENT DATED 09.03.2019. EXHIBIT P8 A TRUE COPY OF THE NOTICE DATED 26.04.2019 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P9 A TRUE COY OF THE ONLINE APPEAL DATED 27.04.2019 FILED AGAINST EXHIBIT-P7 ORDER. EXHIBIT P10 A TRUE COPY OF THE STAY PETITION DATED 01.05.2019 FILED IN EXHIBIT-P90 APPEAL BEFORE THE 2ND RESPONDENT. W.P.(C).No.13366/19 5 EXHIBIT P11 A TRUE COPY OF THE JUDGMENT DATED 21.02.2019 IN WP(C)NO.5070 OF 2019. True copy PS to Judge "