M/S THIRUMITTACODE SERVICE CO-OP. BANK LTD V. THE INCOME TAX OFFICER

WP(C)/8472/2018

AI Insights

The case involves M/S Thirumittacode Service Co-op. Bank Ltd., which is the petitioner, and the Income Tax Officer, Ward-3, Palakkad, and the Commissioner of Income Tax (Appeals), Thrissur, as respondents. The petitioner challenged the delay in the decision-making process regarding their stay applications related to the assessment orders for the years 2013-14, 2014-15, and 2015-16. The petitioner had filed appeals against the assessment orders and simultaneously requested stays on these orders. The primary grievance was the delay by the Commissioner of Income Tax (Appeals) in deciding these stay applications, which allegedly allowed the initiation of proceedings for the realization of the assessed amounts.

• Counselvise Citation: [2018] 140 COUNSELVISE.COM (IT) 755280 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 13-03-2018
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: T M SREEDHARAN; V P NARAYANAN
• Keywords: Assessment Order; Income Tax; Stay Petition; Realisation of Amount
• Section: 220(6)

Judgement Text

" IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR TUESDAY, THE 13TH DAY OF MARCH 2018 / 22ND PHALGUNA, 1939 WP(C).No. 8472 of 2018 PETITIONER : M/S THIRUMITTACODE SERVICE CO-OP. BANK LTD., CHATHANNUR POST, PERINGODE, PALAKKAD DISTRICT, PIN-679 537. - REPRESENTED BY ITS SECRETARY, SHRI.MANIKANDAN K.K. BY ADVS.SRI.T.M.SREEDHARAN (SR.) SRI.V.P.NARAYANAN RESPONDENTS : 1. THE INCOME TAX OFFICER, WARD-3, PALAKKAD-678 001. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAWAN, SAKTHAN THAMPURAN NAGAR, THRISSUR-680 001. BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DSV/- WP(C).No. 8472 of 2018 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 06.04.1964 ISSUED BY THE COMPETENT AUTHORITY. EXHIBIT-P2 TRUE COPY OF ASST. ORDER AND DEMAND NOTICE DATED 28.03.2016 FOR THE ASST.YEAR 2013-14 PASSED BY THE 1ST RESPONDENT. EXHIBIT-P3 TRUE COPY OF ASST. ORDER AND DEMAND NOTICE DATED 20.12.2016 FOR THE ASST.YEAR 2014-15 PASSED BY THE 1ST RESPONDENT. EXHIBIT-P4 TRUE COPY OF ASST. ORDER AND DEMAND NOTICE DATED 28.11.2017 FOR THE ASST.YEAR 2015-16 PASSED BY THE 1ST RESPONDENT. EXHIBIT-P5 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 23.04.2016 FOR THE ASST. YEAR 2013-14 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT-P5(A) TRUE COPY OF THE STAY PETITION DATED 23.04.2016 FOR THE ASST. YEAR 2013-14 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT-P6 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 23.01.2017 FOR THE ASST. YEAR 2014-15 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT-P6(A) TRUE COPY OF THE STAY PETITION DATED 23.01.2017 FOR THE ASST. YEAR 2014-15 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT-P7 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 04.01.2018 FOR THE ASST. YEAR 2015-16 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT-P7(A) TRUE COPY OF THE STAY PETITION DATED 04.01.2018 FOR THE ASST. YEAR 2015-16 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT-P8 TRUE COPY OF THE PETITION FILED U/S.220(6) OF THE ACT DATED 25.04.2016 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST. YEAR 2013-14. EXHIBIT-P8(A) TRUE COPY OF THE PETITION FILED U/S.220(6) OF THE ACT DATED 23.01.2017 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST. YEAR 2014-15. EXHIBIT-P8(B) TRUE COPY OF THE PETITION FILED U/S.220(6) OF THE ACT DATED 04.01.2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST. YEAR 2015-16. RESPONDENTS' EXHIBITS: NIL // TRUE COPY // DSV/- P.A.TO JUDGE P .B.SURESH KUMAR, J. ================== W.P .(C.) No.8472 of 2018 ---------------------------------------------- Dated this the 13th day of March, 2018 JUDGMENT Petitioner is an assessee under the Income T ax Act (the Act) on the rolls of the first respondent. Aggrieved by Exts.P2 to P4 assessment orders, the petitioner preferred Exts.P5 to P7 appeals before the second respondent. Exts.P5(a), P6(a) and P7(a) are the applications for stay preferred by the petitioner in the appeals. The grievance of the petitioner in the writ petition concerns the delay on the part of the second respondent in passing orders on the applications for stay. It is alleged by the petitioner in the writ petition that proceedings have already been initiated for realisation of the amount covered by Exts.P2 to P4 assessment orders. The petitioner, therefore, seeks appropriate directions in this regard, in this writ petition. W .P .(C.) No. 8472/2018 2 2. Heard the learned counsel for the petitioner as also the learned Standing Counsel for the respondents. Having regard to the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition directing the second respondent to take a decision on the applications for stay, within two months from the date of receipt of a copy of this judgment. Ordered accordingly. Needless to say that until orders are passed on the applications for stay, further proceedings for realisation of the amounts covered by Exts.P2 to P4 assessment orders shall be deferred. Sd/- P .B. SURESH KUMAR, JUDGE sd "