The Shamrao Vithal Co-operative Bank Ltd. V. The Income Tax Officer, TDS Ward and The Commissioner of Income Tax (Appeals), Hubli

WP/21785/2014

AI Insights

The case involves M/s. The Shamrao Vithal Co-operative Bank Ltd., which filed writ petitions against the Income Tax Officer and the Commissioner of Income Tax (Appeals) challenging a notice for tax recovery for the Assessment Years 2010-11 to 2013-14. The bank, represented by its Assistant General Manager, sought to quash the notice and prevent any coercive recovery actions while their appeal was pending. The court heard the arguments and decided to dispose of the petitions, allowing the bank to seek interim relief from the Commissioner of Income Tax (Appeals).

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 794188 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 15-05-2014
• Assessment Year: misc
• Laws Referred To: Articles 226 and 227 of the Constitution of India
• Result in Favour of: Others
• Court: HIGH COURT
• Assessee Lawyers: CHYTHANYA
• Keywords: Assessment years; Co-operative Bank; Disputed tax; Income Tax; Interim prayer; Writ petition
• Section: F.No.stay/TSVCBL-hbl/arrear/ITO (TDS)/UBL/2014-15

Judgement Text

" 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 15TH DAY OF MAY, 2014, : BEFORE : THE HON’BLE MR. JUSTICE N.K. PATIL WRIT PETITION Nos. 21785-788 OF 2014 (T-IT) Between: M/s. The Shamrao Vithal Co-operative Bank Ltd., Satellite Space Age Complex, Koppikar Road, Hubli-580 020. (Rep. by its Assistant General Manager, Dinkar Premananda Hosangadi, Aged about 46 years, S/o. Sri. Premananda Hosangadi) ... Petitioner (By Shri. Chythanya.K.K., Advocate) And: 1. The Income Tax Officer, TDS Ward, III Floor, C.R. Building Annexe Navanagar, Hubli-580 025. 2. The Commissioner of Income Tax (Appeals), Hubli, C.R. Building Annexe Navanagar, Hubli-580 025. ... Respondents * *** * These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash as far as the petitioner is concerned by an appropriate writ or order in the nature of Certiorari or otherwise the impugned notice vide F.No.stay/TSVCBL-hbl/arrear/ITO (TDS)/UBL/2014-15 dated 09/05/2014 issued by the first respondent is enclosed 2 in Annexure-A and direct the learned first respondent by an appropriate writ or order in the nature of mandamus or otherwise, not to take any coercive step towards recovery of the disputed tax for the AYs 2010-11 to 2013-14. These Writ Petitions coming on for Preliminary Hearing, this day, the Court made the following: O R D E R Petitioner in these petitions is a Co-operative Bank Limited, represented by its Assistant General Manager and it has sought for quashing the impugned notice vide F.No.stay/ TSVCBL - hbl/ arrear/ ITO (TDS)/ UBL/ 2014-15 dated 9th May 2014, issued by the first respondent, vide Annexure-A as far as petitioner is concerned and direct the first respondent not to take any coercive steps towards recovery of the disputed tax for the Assessment Years 2010-11 to 2013-14. 2. I have heard Shri Chythanya K.K., learned counsel appearing for petitioner, for quite some time. 3. During the course of submission, learned counsel appearing for petitioner submitted that, the writ petition filed by petitioner may be disposed of, reserving 3 liberty to the petitioner to file an application seeking interim prayer before the second respondent, where the appeal is pending adjudication, with a direction to the said respondent to dispose of the said application immediately, for the reason that the Income Tax Officer/the first respondent herein is making efforts to recover the amount, even when the matter is pending before the second respondent. 4. The said submission of the learned counsel appearing for petitioner is placed on record. 5. In the light of the submission of the learned counsel appearing for petitioner, the writ petitions filed by petitioner are disposed of, reserving liberty to the petitioner to move the matter for interim prayer, before the second respondent, where the matter is pending adjudication. In case such application is presented by petitioner, the second respondent is directed to receive the same and pass appropriate order, in accordance 4 with law, immediately. All the grounds urged in these petitions are left open. With these observations, the writ petitions stand disposed of. SD/- JUDGE BMV* "