THE NELLIMOODU SERVICE CO-OPERATIVE BANK LTD. NO.2639 V. THE INCOME TAX OFFICER

WP(C)/32005/2017

AI Insights

The case involves the Nellimoodu Service Co-operative Bank Ltd., which challenged the assessment orders issued by the Income Tax Officer for the years 2011-2012 and 2014-2015. The bank filed appeals against these orders and simultaneously requested stays on the recovery actions. Despite the pending stay petitions, the Income Tax Department initiated recovery actions based on the demand notice. The bank sought judicial intervention to halt these recovery actions until the stay petitions were resolved.

• Counselvise Citation: [2017] 140 COUNSELVISE.COM (IT) 699390 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 09-10-2017
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• 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; Demand notice; Income Tax; Stay Petition
• Section: 143(3)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY , THE 9TH DAY OF OCTOBER 2017/17TH ASWINA, 1939 WP(C).No. 32005 of 2017 (A) ---------------------------- PETITIONER(S): ------------------------ THE NELLIMOODU SERVICE CO-OPERATIVE BANK LTD. NO.2639 REPRESENTED BY ITS SECRETARY , NELLIMOODU P.O., THIRUVANANTHAPURAM DISTRICT-695 524. BY ADVS.SRI.V.G.ARUN, SRI.T.R.HARIKUMAR, SRI.JAIBY PAUL, SRI.ARJUN RAGHAVAN, SRI.ADITHYA RAJEEV. RESPONDENT(S): --------------------------- 1. THE INCOME TAX OFFICER, WARD - 2 (2), OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, RANGE-2, AAYAKAR BHAV AN, 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 09-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C).No. 32005 of 2017 (A) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT-P1: A TRUE COPY OF THE CERTIFICATE DATED 13.04.2016, ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM. EXHIBIT-P2: A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2011-2012 DATED 04.03.2016. EXHIBIT-P3: A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 04.03.2016. EXHIBIT-P4: A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2014-2015 DATED 29.12.2016. EXHIBIT-P5: A TRUE COPY OF THE DEMAND NOTICE DATED 29.12.2016 ISSUED BY THE 1ST RESPONDENT. EXHIBIT-P6: A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT.P2 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 08.04.2016. EXHIBIT-P7: A TRUE COPY OF THE STAY PETITION DATED 18.03.2016, FILED BY THE PETITIONER IN EXT.P6 APPEAL. EXHIBIT-P8: A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT-P4 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 09.01.2017. EXHIBIT-P9: A TRUE COPY OF THE STAY PETITION DATED 10.01.2017, FILED BY THE PETITIONER IN EXT-P8 APPEAL. EXHIBIT-P10: A TRUE COPY OF THE NOTICE NO.AAABN0400/ITO, W-2(2)/ TVM/2017-18 DATED 25.08.2017. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs. A.K.JAYASANKARAN NAMBIAR, J. =========================================== W.P.(C). No. 32005 of 2017 ===================================================== Dated this the 9th day of October, 2017 JUDGMENT Against Exts.P2 and P4 assessment orders under the Income Tax Act, the petitioner has preferred Exts.P6 and P8 appeals together with Exts.P7 and P9 stay petitions before the 2nd respondent. It is the case of the petitioner that, even prior to considering the stay petition, recovery steps are taken by the respondents against the petitioner for recovery of the amounts confirmed by Ext.P10 demand notice. 2. I have heard the learned counsel for the petitioner and also the learned Government Pleader for the respondents. 3. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I dispose the writ petition with the following directions: i) The 2nd respondent shall consider and pass orders on Exts.P7 and P9 stay petitions within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. -2- W.P.(C). No. 32005 of 2017 ii) Recovery steps pursuant to Ext.P10 demand notice shall be kept in abeyance till orders are passed by the 2nd respondent as directed above and communicated to the petitioner. iii) The petitioner shall produce a copy of the writ petition along with a copy of this judgment, before the 2nd respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das/ 09.10.2017 "