THE TRITHALA SERVICE CO-OPERATIVE BANK LIMITED V. INCOME TAX OFFICER

WP(C)/34624/2022

AI Insights

The case involves the Trithala Service Co-operative Bank Limited, which filed a writ petition against an assessment order issued by the Income Tax Officer under the Income Tax Act, 1961 for the assessment year 2020-21. The petitioner contended that certain deductions to which they were entitled were not granted, rendering the assessment order invalid. The respondent's counsel referenced similar cases where the court had directed that any statutory appeal against the assessment order should be decided, and any demand based on the order should be kept in abeyance until the appeal was resolved. The petitioner's counsel expressed concern about the timeliness of filing an appeal against the assessment order. The court's decision provided a mechanism for the petitioner to appeal the assessment order without the risk of being time-barred due to the duration of the writ petition.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 681358 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 22-11-2022
• Assessment Year: misc
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: ANIL NAIR; TELMA RAJU; P K EDATHARA; VINEETA KRISHNAN; ANJANA A
• Keywords: Appeal; Assessment; Deductions; Income Tax; Limitation
• Section: 272A(1)(d)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 22ND DAY OF NOVEMBER 2022 / 1ST AGRAHAYANA, 1944 WP(C) NO. 34624 OF 2022 PETITIONER: THE TRITHALA SERVICE CO-OPERATIVE BANK LIMITED P.O. BOX NO.1, TSCB BUILDINGS, THRITHALA POST, PATTAMBI, KERALA REPRESENTED BY ITS SECRETARY SRI.K.V.RAGESH, PIN - 679534 BY ADVS. ANIL D. NAIR TELMA RAJU P.K.BIJU EDATHARA VINEETA KRISHNAN ANJANA A. RESPONDENT: INCOME TAX OFFICER ASSESSMENT UNIT INCOME TAX DEPARTMENT NATIONAL FACELESS ASSESSMENT CENTRE, NEW DELHI, PIN - 110001 ADV. JOSE JOSEPH, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC No.34624 of 2022 2 JUDGMENT Dated this the 22nd day of November, 2022 The petitioner has approached this Court being aggrieved by Ext.P6 order of assessment issued under the provisions of the Income Tax Act, 1961 for the assessment year 2020-21. According to the petitioner, the petitioner has not been given the benefit of certain deductions which the petitioner is entitled to and therefore the assessment order is bad in law. 2. Learned Standing Counsel appearing for the respondent Department states and points out that in several cases were similar claim for deduction has been made, this Court has disposed of writ petitions directing any statutory appeal filed against the order of assessment shall be decided and till such time any demand pursuant to the order of assessment shall be kept in abeyance. It is submitted that there are no circumstances which would require this Court to take WPC No.34624 of 2022 3 a different view in this matter. 3. Faced with this situation, the learned counsel for the petitioner states that the petitioner may be out of time for filing an appeal against Ext.P6 order of assessment. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent Department, this writ petition will stand disposed of directing that if the petitioner files an appeal against Ext.P6 order of assessment before the First Appellate Authority within a period of two weeks from the date of receipt of a certified copy of this judgment, the period during which this writ petition was pending before this Court namely, from 28.10.2022 till today (22.11.2022) shall be excluded for the purpose of determining any period of limitation within which such appeal had to be filed. If the petitioner files an appeal within the period as aforesaid and it is found to be within time after WPC No.34624 of 2022 4 excluding period as above, any recovery pursuant to Ext.P6 order of assessment shall be kept in abeyance till such appeal is decided by the First Appellate Authority. Sd/- GOPINATH P. JUDGE SKP/22-11 WPC No.34624 of 2022 5 APPENDIX OF WP(C) 34624/2022 PETITIONER’S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 3.3.2022 ISSUED BY THE RESPONDENT EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR ADJOURNMENT DATED 12.5.2022 SUBMITTED BY THE PETITIONER EXHIBIT P3 TRUE COPY OF THE REPLY DATED 16.05.2022 SUBMITTED BY THE PETITIONER EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 28.8.2022 ISSUED BY THE RESPONDENT EXHIBIT P5 TRUE COPY OF THE REPLY DATED 6.9.2022 SUBMITTED BY THE PETITIONER EXHIBIT P6 TRUE COPY OF THE ORDER DATED 23.09.2022 ISSUED BY THE RESPONDENT EXHIBIT P7 TRUE COPY OF THE ASSESSMENT ORDER DATED 28.03.2022 ISSUED BY THE RESPONDENT FOR THE ASSESSMENT YEAR 2013-14 EXHIBIT P8 TRUE COPY OF THE ASSESSMENT ORDER DATED 28.03.2022 ISSUED BY THE RESPONDENT FOR THE ASSESSMENT YEAR 2015-16 EXHIBIT P9 TRUE COPY OF THE ORDER U/S.272A(1) (D) DATED 25.08.2022 ISSUED BY THE RESPONDENT FOR THE ASSESSMENT YEAR 2020-21. RESPONDENT’S EXHIBITS:NIL TRUE COPY P.A.TO JUDGE "