THE PATTAMBI SERVICE CO-OPERATIVE BANK LTD. NO.P 585 V. THE INCOME TAX OFFICER,

WP(C)/5272/2020

AI Insights

The case involves the Pattambi Service Co-operative Bank Ltd., which filed writ petitions against the orders of assessment and appellate orders issued by the Income Tax Department. The bank sought to keep the coercive measures against it in abeyance until the ITAT decided on their stay applications regarding the assessments for the years 2013-14 and 2015-16. The Revenue argued that the appropriate remedy for the petitioner was to press the pending stay applications before the ITAT. The court found that no coercive actions had been taken against the petitioner and directed the ITAT to expedite the decision on the stay applications.

• Counselvise Citation: [2020] 140 COUNSELVISE.COM (IT) 753895 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 03-03-2020
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Partly Allowed
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: HARISANKAR MENON; MEERA MENON; K KRISHNA
• Keywords: Appellate order; Assessment Order; Coercive Measures; Income Tax; Stay Application
• Section: 281

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, THE 03RD DAY OF MARCH 2020 / 13TH PHALGUNA, 1941 WP(C).No.5271 OF 2020(H) PETITIONER: THE PATTAMBI SERVICE CO-OPERATIVE ANK LTD.NO.P 585, RAZMALL COMPLEX, PALLIPURAM ROAD, PATTAMBI, PALAKKAD-679303, REPRESENTED BY ITS SECRETARY, C.GIRIJA, AGED 58, D/O.E.P.NARAYANAN NAIR. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS: 1 THE INCOME TAX OFFICER, WARD 3, AYAKAR BHAVAN, PALAKKAD-678014. 2 THE COMMISSIONER OF INCOME TAX (APPEALS), AYAKAR BHAVAN, THRISSUR-680001. 3 THE INCOME TAX APPELLATE TRIBUNAL, AYAKAR BHAVAN, KAKKANADU, KOCHI-682030, REPRESENTED BY ITS REGISTRAR. OTHER PRESENT: SRI JOSE JOSEPH SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2020, ALONG WITH WP(C).5272/2020(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).NoS.5271 & 5272 OF 2020 -2- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, THE 03RD DAY OF MARCH 2020 / 13TH PHALGUNA, 1941 WP(C).No.5272 OF 2020(H) PETITIONER: THE PATTAMBI SERVICE CO-OPERATIVE BANK LTD. NO.P 585 RAZMALL COMPLEX, PALLIPURAM ROAD, PATTAMBI, PALAKKAD-679 303, REPRESENTED BY ITS SECRETARY, C.GIRIJA, AGED 58, D/O. E.P.NARAYANAN NAIR. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SMT.K.KRISHNA RESPONDENTS: 1 THE INCOME TAX OFFICER, WARD 3, AYAKAR BHAVAN, PALAKKAD-678 014. 2 THE COMMISSIONER OF INCOME TAX (APPEALS) AYAKAR BHAVAN, THRISSUR-680 001. 3 THE INCOME TAX APPELLATE TRIBUNAL AYAKAR BHAVAN, KAKKANADU, KOCHI-682 030, REPRESENTED BY ITS REGISTRAR. OTHER PRESENT: SRI JOSE JOSEPH SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2020, ALONG WITH WP(C).5271/2020(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).NoS.5271 & 5272 OF 2020 -3- JUDGMENT The grievance of the petitioner in the instant case is that against the orders of assessment, Ext.P1 and appellate orders Ext.P2, preferred second appeals, Ext.P3 before the 3rd respondent ie., the Income Tax Appellate Tribunal (ITAT) along with the interim applications, Ext.P4 dated 7th February 2020, till such time, the contemplated coercive measures against the petitioner may be kept in abeyance. 2. Counsel for the Revenue submits that the writ petitions would not lie as the remedy for the petitioner is to press the pending stay applications before the ITAT . Having heard the learned counsel for the parties and apprised the paper book, I am of the view that the pleadings are bereft of any steps for taking of possession by making mention or otherwise before the ITAT . Be that as it may, considering the fact that no steps of demand or attachment proceedings under Section 281 of the Income WP(C).NoS.5271 & 5272 OF 2020 -4- Tax Act have been initiated, I dispose of these writ petitions with a direction to 3rd respondent to consider and pass appropriate orders on the applications of stay in accordance with law, as expeditiously as possible within a period of 15 days from the date of receipt of a certified copy of this judgment. Sd/- AMIT RAWAL vv JUDGE WP(C).NoS.5271 & 5272 OF 2020 -5- APPENDIX OF WP(C) 5271/2020 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2013-14 DATED 28.03.2016. EXHIBIT P2 COPY OF APPELLATE ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2013-14 DATED 10.12.2019. EXHIBIT P3 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT 2013-14 DATED 07.02.2020. EXHIBIT P4 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 07.02.2020. WP(C).NoS.5271 & 5272 OF 2020 -6- APPENDIX OF WP(C) 5272/2020 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE IST RESPONDENT FOR THE YEAR 2015-16 DATED 20.11.2017. EXHIBIT P2 COPY OF APPELLATE ORDER ISSUED BY THE IST RESPONDENT FOR THE YEAR 2015-16 DATED 10.12.2019. EXHIBIT P3 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT 2015-16 DATED 7.2.2020. EXHIBIT P4 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 7.2.2020. //TRUE COPY// PA TO JUDGE "