THE PULLUR SERVICE CO-OPERATIVE BANK NO.F.550, V. THE PRINCIPAL COMMISSIONER OF INCOME TAX,

WP(C)/13855/2021

AI Insights

The case involves the Pullur Service Co-operative Bank, which challenged an assessment order by the Income Tax Department. The bank argued that the matter was covered by a Supreme Court judgment and previous High Court decisions that did not require the payment of 20% of the disputed tax for the appeal to be heard. The respondents, representing the Income Tax Department, did not dispute the applicability of the Supreme Court's judgment but suggested that the appeal be decided in a timely manner without specific procedural concessions. The court decided to expedite the appeal process without the usual precondition of a 20% tax payment, reflecting a judicial approach to facilitate quicker resolutions in tax disputes involving cooperative banks.

• Counselvise Citation: [2021] 140 COUNSELVISE.COM (IT) 689689 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 02-08-2021
• Assessment Year: misc
• Other Referred Cases: Mavilayi Service Co-operative Bank Ltd & Others Vs Commissioner of Income Tax and Another, The Angadippuram Service Co-operative Bank Vs. The Commissioner of Income Tax (Appeals) and Another
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: P K MENON; JOSE JOSEPH
• Assessee Lawyers: P C SASIDHARAN
• Keywords: Assessment Order; Co-operative Bank; Income Tax; Statutory Appeal
• Section: 143(3)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.M.BADAR MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943 WP(C) NO. 13855 OF 2021 PETITIONER: THE PULLUR SERVICE CO-OPERATIVE BANK NO.F.550, PULLUR, THRISSUR-680 683, REPRESENTED BY ITS SECRETARY. BY ADV P.C.SASIDHARAN RESPONDENTS: 1 THE PRINCIPAL COMMISSIONER OF INCOME TAX, OFFICE OF THE PRINCIPAL COMMISSIONER OF INCOME TAX, AYAKAR BHAVAN, MANANCHIRA, KOZHIKODE, KERALA-673 001. 2 THE INCOME TAX OFFICER, WARD 2 (1), THRISSUR, OFFICE OF THE INCOME TAX OFFICER, AAYAKAR BHAVAN, SAKTHANTHAMPURAN NAGAR, THRISSUR-680 001. 3 ADDL.R3: COMMISSIONER OF INCOME TAX (APPEALS) NATIONAL FACELESS APPEAL CENTRE DELHI - 110001 ADDL.R3 IS IMPLEADED AS PER ORDER DATED 16.07.2021 IN IA NO. 1/2021. BY ADVS. P.K.RAVINDRANATHA MENON (SR.) JOSE JOSEPH JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13855 OF 2021 2 JUDGMENT Heard both sides. 2. It is reported that the statutory appeal challenging the assessment order at the instance of the petitioner is pending consideration of the 3rd respondent. Learned counsel for the petitioner submits that the subject matter of the appeal is covered by the judgment of the Hon'ble Supreme Court in the Mavilayi Service Co- operative Bank Ltd & Others Vs Commissioner of Income Tax and Another reported in 2021 (1) KHC 303. He submits that in identical matter, the Hon'ble Division Bench of this Court has directed disposal of the appeal, without insisting for payment of 20% of the disputed tax amount. He place reliance on judgment dated 01.07.2019 in writ appeals no. 1529, 1530, 1535 and 1536 of 2019 in the matter of the “The Angadippuram Service Co-operative Bank Vs. The Commissioner of Income Tax (Appeals) and Another.” 3. The learned standing counsel appearing for the respondents disputes the fact that the subject matter is covered by the judgment in the matter of the Mavilayi Service Co-operative Bank and submitted that purpose of the petition can be served if the statutory appeal is directed to be decided by the 3rd respondent in a time bound manner. WP(C) NO. 13855 OF 2021 3 In this view of the matter, the petition is ordered by directing the 3rd respondent to decide the appeal challenging the assessment order finally without insisting for payment of 20% of the disputed tax amount within a period of six months from the date of this judgment. Till disposal of the appeal, the recovery in pursuant to the assessment order be kept in abeyance. Sd/- A.M.BADAR JUDGE Nsd WP(C) NO. 13855 OF 2021 4 APPENDIX OF WP(C) 13855/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 25.03.2021 ALONG WITH COMPUTATION SHEET. Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 25.03.2021. Exhibit P3 TRUE COPY OF APPEAL DATED 22.04.2021. Exhibit P4 TRUE COPY OF THE ACKNOWLEDGEMENT OF RECEIPT OF FORM SHOWING THE DATE OF FILING AS 22.04.2021. Exhibit P5 TRUE COPY OF THE ORDER DATED 02.07.2021. Exhibit P6 TRUE COPY OF THE STAY PETITION DATED 07.07.2021. Exhibit P7 TRUE COPY OF THE JUDGMENT IN WPC NO.8614 OF 2020 DATED 18.03.2020. Exhibit P8 TRUE COPY OF THE JUDGMENT IN WA NO.1536 OF 2019 DATED 01.07.2019. //true copy// PA to Judge "