THE THIROOR SERVICE CO-OPERATIVE BANK LTD NO. 4140 V. THE COMMISSIONER OF INCOME TAX (APPEALS)

WP(C)/8687/2020

AI Insights

The case involves the Thiroor Service Co-operative Bank Ltd, which is a primary agricultural credit society, challenging the non-consideration of their appeals and stay petitions by the Commissioner of Income Tax (Appeals) and the Income Tax Officer for the assessment years 2012-2013, 2016-2017, and 2017-2018. The petitioner sought judicial intervention to expedite the decision-making process on their pending appeals and stay petitions against various assessment orders and notices issued by the tax authorities. The court's decision was influenced by a previous Division Bench judgment which granted an absolute stay on recovery, emphasizing the need for timely judicial review of tax assessments and the associated recovery processes.

• Counselvise Citation: [2020] 140 COUNSELVISE.COM (IT) 753361 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 11-06-2020
• Assessment Year: misc
• Other Referred Cases: W.A. No. 1536 of 2019
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: P C SASIDHARAN
• Keywords: Appeal; Assessment Order; Income Tax; Recovery proceedings; Stay Petition
• Section: 143(3)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 11TH DAY OF JUNE 2020 / 21ST JYAISHTA, 1942 WP(C).No.8687 OF 2020(I) PETITIONER/S: THE THIROOR SERVICE CO-OPERATIVE BANK LTD NO. 4140 THIROOR, MULANKUNNATHUKAVU P.O. THRISSUR 680 581, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT/S: 1 THE COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAVAN, S.T. NAGR, THRISSUR 680 001. 2 THE INCOME TAX OFFICER, WARD 2, THRISSUR , OFFICE OF THE INCOME TAX OFFICER, WEST NADA, GURUVAYOOR THRISSUR 680 101. OTHER PRESENT: SRI JOSE JOSEPH SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.8687 OF 2020(I) 2 JUDGMENT The petitioner, a primary agricultural credit society approached this Court seeking a direction to dispose of Exts.P3, P7 and P12 appeals and Exts.P4, P9 and P13 interim applications preferred before the first respondent/Commissioner of Income Tax (Appeals) against the assessment orders Exts.P1, P5 & P10. Petitioner also challenges Exts.P2, P6 and P11 notices and Ext.P8 order. The petitioner is an assessee on the file of the 2nd respondent for the assessment years 2012-2013, 2016-2017 and 2017-2018 . Second respondent completed assessment towards tax interest, penal interest and other heads. The grievance of the petitioner is that neither the appeals nor stay petitions have been considered by the respondents. Petitioner relies on the Division Bench judgment of this Court in writ appeal No.1536/2019 directing to grant absolute stay of the recovery. 2. Having heard the learned counsel on both sides, the writ petition is disposed of with a direction to the third respondent to take a decision on Exts.P3, P7 and P12 appeals in WP(C).No.8687 OF 2020(I) 3 accordance with law, after affording an opportunity of hearing to the petitioner, within a period of three months from the date of receipt of a copy of this judgment without insisting on payment of 20% of the tax demanded, as per circular of 2017. Till such time a decision is taken on the appeal, recovery proceedings pursuant to the assessment orders shall be kept in abeyance. Sd/- AMIT RAWAL JUDGE Jm/ WP(C).No.8687 OF 2020(I) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 14/12/2018 ALONG WITH THE COMPUTATION SHEET. EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE DATED 14/12/2018. EXHIBIT P3 TRUE COPY OF THE APPEAL DATED 16/1/2019. EXHIBIT P4 TRUE COPY OF THE STAY PETITION DATED 16/1/2019. EXHIBIT P5 TRUE COPY OF THE ASSESSMENT ORDER DATED 15/11/2019. EXHIBIT P6 TRUE COPY OF THE DEMAND NOTICE DATED 15/11/2019. EXHIBIT P7 TRUE COPY OF THE APPEAL DATED 12/12/2019. EXHIBIT P8 TRUE COPY OF THE ORDER DATED 6/1/2020. EXHIBIT P9 TRUE COPY OF THE STAY PETITION DATED 17/1/2020. EXHIBIT P10 TRUE COPY OF THE ASSESSMENT ORDER DATED 18/11/2019. EXHIBIT P11 TRUE COPY OF THE DEMAND NOTICE DATED 18/11/2019. EXHIBIT P12 TRUE COPY OF THE APPEAL DATED 27/12/2019. EXHIBIT P13 TRUE COPY OF THE STAY PETITION DATED 27.12.2019. EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED 1/7/2019 IN W.A. NO. 1536 OF 2019. WP(C).No.8687 OF 2020(I) 5 "