THE PARAVUR SERVICE CO-OPERATIVE BANK LTD NO.1801 V. THE INCOME TAX OFFICER

WP(C)/28072/2019

AI Insights

The case involves the Paravur Service Co-operative Bank Ltd, which filed a writ petition against the Income Tax Officer and other respondents concerning coercive recovery steps taken for tax and penalty based on a rectified order under the Income Tax Act for the assessment year 2017-2018. The petitioner had filed an appeal and a stay petition against this order, which were pending consideration. The court's intervention was sought to halt the coercive measures until the stay petition was addressed.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 754583 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 23-10-2019
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: CHRISTOPHER ABRAHAM
• Assessee Lawyers: T R HARIKUMAR; ARJUN RAGHAVAN
• Keywords: Assessment Year 2017-2018; Income Tax; Stay Petition; Coercive Recovery Steps
• Section: 154; 271(1)(c); 271B

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 23RD DAY OF OCTOBER 2019 / 1ST KARTHIKA, 1941 WP(C).No.28072 OF 2019(H) PETITIONER: THE PARAVUR SERVICE CO-OPERATIVE BANK LTD NO.1801 REPRESENTED BY ITS SECRETARY, PARAVUR.P.O, KOLLAM DISTRICT, PIN-691301 BY ADVS. SRI.T.R.HARIKUMAR SRI.ARJUN RAGHAVAN RESPONDENTS: 1 THE INCOME TAX OFFICER WARD-2, OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX, KOLLAM RANGE, AAYAKAR BHAVAN, KARABALA JUNCTION, KOLLAM-PIN-691001 2 THE COMMISSIONER OF INCOME TAX (APPEALS) AAYKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM-PIN-695003. 3 THE REGISTRAR INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, KENDRIYA BHAVAN, BLOCK NO.C1 AND C2, 1ST FLOOR, KAKKANAD, COCHIN-682030 BY ADV.SRI.CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.28072 OF 2019(H) 2 J U D G M E N T Against Ext.P3 rectified order under the Income Tax Act for the assessment year 2017-2018, the petitioner has preferred Ext.P4 appeal together with Ext.P5 stay petition before the 3rd respondent. Exts.P6, P7 and P8 are the notices issued to the petitioner indicating the coercive steps taken by the respondents for recovery of the tax and penalty. 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.P3 rectified order. 2. I have heard the learned counsel appearing for the petitioner and also the learned Standing counsel appearing for the respondents. 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: 1. The 3rd respondent shall consider and pass reasoned orders on Ext.P5 stay petition within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. 2. Coercive steps pursuant to Exts.P6, P7 and P8 notices for recovery of amounts confirmed against WP(C).No.28072 OF 2019(H) 3 the petitioner by Ext.P3 rectified order shall be kept in abeyance till such time as orders are passed by the 3rd respondent as directed above and communicated to the petitioner. 3. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 3rd respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE mns WP(C).No.28072 OF 2019(H) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2015-2016 DATED 15.12.2017. EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 17.12.2018 IN ITA NO.242/KLM/KLM/CIT(A)/TVM/2017-18 EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 3.9.2019 IN ITA NO.242/EF/KLM/CIT(A)/TVM/2017-18, ISSUED BY THE 2ND RESPONDENT UNDER SECTION 154 OF THE INCOME TAX ACT. EXHIBIT P4 A TRUE COPY OF THE APPEAL MEMORANDUM ALONG WITH AFFIDAVIT AND CHELAN DATED 14.10.2019, FILED BEFORE THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH. EXHIBIT P5 A TRUE COPY OF THE STAY PETITION FILED ALONG WITH EXT-P4 APPEAL DATED 14.10.2019 EXHIBIT P6 A TRUE COPY OF THE NOTICE DATED 12.10.2019 ISSUED BY THE 1ST RESPONDENT EXHIBIT P7 A TRUE COPY OF THE NOTICE DATED 12.10.2019 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 271 B OF THE INCOME TAX ACT EXHIBIT P8 A TRUE COPY OF THE NOTICE DATED 12.10.2019 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 271 (1((C) OF THE INCOME TAX ACT RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE "