THE MULLURKKARA SERVICE CO-OPERATIVE BANK LTD. V. THE ADDITIONAL/JOINT/DEPUTY/ASST. COMMISSIONER OF INCOME TAX/INCOME TAX OFFICER

WP(C)/39360/2022

AI Insights

The case involves the Mullurkkara Service Co-operative Bank Ltd., which filed a writ petition challenging an assessment order issued by the Income Tax Officer. The bank, represented by its secretary, filed an appeal against the assessment order along with applications for condonation of delay and for a stay on the recovery proceedings. The primary concern of the petitioner was to halt the recovery proceedings pending the adjudication of their appeal. The court's decision focused on the procedural aspects of handling the delay and stay applications before the appellate authority.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 769941 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 07-12-2022
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: HARISANKAR MENON; MEERA MENON; R SREEJITH; K KRISHNA
• Keywords: Assessment Order; Condonation of delay; Income Tax; Stay Application
• Section: 143(3)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 7TH DAY OF DECEMBER 2022 / 16TH AGRAHAYANA, 1944 WP(C) NO. 39360 OF 2022 PETITIONER: THE MULLURKKARA SERVICE CO-OPERATIVE BANK LTD. NO. F1086, THALAPPILLY PO, MULLURKARA, THRISSUR , REPRESENTED BY ITS SECRETARY, MIMITHA V.R. , PIN - 680583 BY ADVS. HARISANKAR V. MENON MEERA V.MENON R.SREEJITH K.KRISHNA RESPONDENTS: 1 THE ADDITIONAL/JOINT/DEPUTY/ASST. COMMISSIONER OF INCOME TAX/INCOME TAX OFFICER NATIONAL E-ASSESSMENT CENTRE, DELHI , PIN - 110001 2 NATIONAL FACELESS APPEAL CENTRE NATIONAL FACELESS APPEAL CENTRE, DELHI , REPRESENTED BY THE COMMISSIONER OF INCOME TAX (APPEALS)., PIN - 110001 3 INCOME TAX OFFICER AAYAKAR BHAVAN, SAKTHANTHAMPURAN NAGAR, MUNICIPAL OFFICE ROAD, THRISSUR , PIN - 680001 OTHER PRESENT: ADV. JOSE JOSEPH (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC No.39360 of 2022 2 JUDGMENT Dated this the 07th day of December, 2022 The petitioner preferred Ext.P2 appeal challenging Ext.P1 order of assessment under the provisions of Income Tax Act, 1961 along with Ext.P3 application for condonation of delay and Ext.P4 stay petition. The petitioner has approached this court apprehending recovery proceedings pending adjudication of the appeal. 2. Having regard to the facts and circumstances of the case and upon hearing the learned Standing Counsel for the respondents, this writ petition will stand disposed of directing the 2nd respondent to consider and pass orders on Ext.P3 application filed by the petitioner for condonation of delay and if delay is condoned to pass orders on Ext.P4 stay application after affording an opportunity of hearing to the petitioner. The 2nd respondent shall endeavour to pass orders on Exts.P3 and P4 applications within a period WPC No.39360 of 2022 3 of two months from the date of receipt of a certified copy of this judgment. Till such time orders are passed on Exts.P3 and P4 any recovery pursuant to Ext.P1 shall be kept in abeyance. 3. I make it clear that in the event of the delay not being condoned, there will be no requirement of passing any separate order on the stay application and in such event there will be no interdiction in proceeding with the recovery of amounts under Ext.P1. Further since the appeal has been filed along with an application to condone the delay, it is clarified that the Appellate Authority needs to pass orders on merits on the appeal, only if it decides to condone the delay in filing the appeal. The writ petition is disposed of as above Sd/- GOPINATH P. JUDGE RMV WPC No.39360 of 2022 4 APPENDIX OF WP(C) 39360/2022 PETITIONER EXHIBITS Exhibit P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2020-21 DTD. 19-09-2022 Exhibit P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 16-11-2022 Exhibit P3 COPY OF DELAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 16-11-2022 Exhibit P4 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 16-11-2022 RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE "