THE VAMANAPURAM SERVICE CO-OPERATIVE BANK LTD NO. 927 V. THE INCOME TAX OFFICER

WP(C)/33532/2017

AI Insights

The case involves the Vamanapuram Service Co-operative Bank Ltd, which challenged the recovery steps taken by the Income Tax Department based on two assessment orders (for the years 2008-2009 and 2012-2013). The bank had filed appeals against these orders and sought stay petitions, which were not considered before the recovery actions were initiated. The High Court of Kerala intervened to halt the recovery process until the stay petitions were addressed.

• Counselvise Citation: [2017] 140 COUNSELVISE.COM (IT) 758757 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 26-10-2017
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: CHRISTOPHER ABRAHAM
• Assessee Lawyers: V G ARUN; T R HARIKUMAR; JAIBY PAUL; ARJUN RAGHAVAN; ADITHYA RAJEEV
• Keywords: Assessment Order; Income Tax; Recovery Steps; Stay Petition
• Section: 143(3)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 26TH DAY OF OCTOBER 2017/4TH KARTHIKA, 1939 WP(C).No. 33532 of 2017 (N) ---------------------------- PETITIONER : --------------------- THE VAMANAPURAM SERVICE CO-OPERATIVE BANK LTD NO. 927, REPRESENTED BY ITS SECRETARY, VAMANAPURAM P.O., THIRUVANANTHAPURAM DISTRICT-695 606. BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR SRI.JAIBY PAUL SRI.ARJUN RAGHAVAN SRI.ADITHYA RAJEEV RESPONDENT(S): ---------------------------- 1. THE INCOME TAX OFFICER, WARD -2(3), OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, RANGE-2, AAYAKAR BHAVAN, KOWDIAR P.O., THIRUVANANTHAPURAM DISTRICT-695 003. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM-695 003. R1 & R2 BY SRI.CHRISTOPHER ABRAHAM,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C).No. 33532 of 2017 (N) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS -------------------------------------- EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE DATED 31.03.2017, ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM. EXHIBIT P2 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2008-2009 DATED 28.03.2014. EXHIBIT P3 A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 28.03.2014. EXHIBIT P4 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2012-2013 DATED 23.03.2015. EXHIBIT P5 A TRUE COPY OF THE DEMAND NOTICE DATED 23.03.2015 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT-P2 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 09.04.2014. EXHIBIT P7 A TRUE COPY OF THE STAY PETITION DATED 04.10.2017, FILED BY THE PETITIONER IN EXT-P6 APPEAL. EXHIBIT P8 A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT-P4 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 04.04.2015. EXHIBIT P9 A TRUE COPY OF THE STAY PETITION DATED 04.10.2017, FILED BY THE PETITIONER IN EXT-P8 APPEAL. EXHIBIT P10 A TRUE COPY OF THE NOTICE NO.AAAAV3572B/ITO/W-2(3)/TVM/2017-18 DATED 12.10.2017. RESPONDENT(S)' EXHIBITS: NIL ----------------------------------------- /TRUE COPY/ P.S.TO JUDGE sts A.K.JAYASANKARAN NAMBIAR, J. ------------------------------- W.P.(C).NO.33532 OF 2017 (N) ----------------------------------- Dated this the 26th day of October, 2017 J U D G M E N T Against Exts.P2 and P4 assessment orders under the Income Tax Act, the petitioner has preferred Exts.P6 and P8 appeals together with Exts.P7 and P9 stay petitions before the 2nd respondent. It is the case of the petitioner that even prior to considering the stay petitions, recovery steps are taken by the respondents against the petitioner for recovery of the amounts confirmed by Exts.P2 and P4 assessment orders. 2. I have heard the learned counsel appearing for the petitioner and also the learned Government Pleader appearing for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I dispose the writ petition with the following directions: W.P.(C).No.33532/2017 2 1. The 2nd respondent shall consider and pass orders on Exts.P7 and P9 stay petitions within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. 2. Recovery steps for recovery of amounts confirmed against the petitioner by Exts.P2 and P4 assessment orders shall be kept in abeyance till such time as orders are passed by the 2nd respondent as directed above and communicated to the petitioner. 3. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 2nd respondent, for further action. A.K.JAYASANKARAN NAMBIAR JUDGE prp/26/10/17 "