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

WP(C)/8908/2018

AI Insights

The case involves M/s. Vallapuzha Service Co-op. Bank Ltd., the petitioner, who is aggrieved by the assessment orders issued by the Income Tax Officer, Ward-3, Palakkad, for the assessment years 2013-14, 2014-15, and 2015-16. The petitioner filed appeals against these orders and simultaneously submitted stay applications. The core issue in the writ petition was the delay by the Commissioner of Income Tax (Appeals) in deciding on these stay applications, which the petitioner argued was leading to premature realization of the assessed amounts. The court's decision focused on ensuring a timely resolution of the stay applications to prevent any unjust financial burden on the petitioner before the appeals could be substantively addressed.

• Counselvise Citation: [2018] 140 COUNSELVISE.COM (IT) 697607 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 15-03-2018
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: V P NARAYANAN
• Keywords: Assessment Order; Income Tax; Realisation of amounts; Stay Petition
• Section: 221(1)

Judgement Text

" IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 15TH DAY OF MARCH 2018 / 24TH PHALGUNA, 1939 WP(C).No. 8908 of 2018 PETITIONER M/S. VALLAPUZHA SERVICE CO-OP. BANK LTD. NO.F.1207, NELLAYA POST, VALLAPUZHA, PALAKKAD DISTRICT, PIN-679335, REPRESENTED BY ITS SECRETARY, SHRI.ASHRAFALI P. BY ADV.SRI.V.P.NARAYANAN RESPONDENTS 1. THE INCOME TAX OFFICER, WARD-3, PALAKKAD-678001. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAWAN, SAKTHAN THAMPURAN NAGAR, THRISSUR-680001. BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8908 of 2018 (K) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 17-10-2014 ISSUED BY THE ASSISTANT REGISTRAR (GENERAL), OTTAPPALAM. EXHIBIT P2 TRUE COPY OF THE ASST. ORDER AND DEMAND NOTICE DATED 28-3-2016 FOR THE ASST. YEAR 2013-14 PASSED BY THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE 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 THE ASST. ORDER AND DEMAND NOTICE DATED 29-11-2017 FOR THE ASST. YEAR 2015-16 PASSED BY THE 1ST RESPONDENT. EXHIBIT P5 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 18-4-2016 FOR THE ASST. YEAR 2013-14 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P5(a) TRUE COPY OF THE STAY PETITION DATED 18-4-2016 FOR THE ASST. YEAR 2013-14 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P6 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 12-1-2017 FOR THE ASST. YEAR 2014-15 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P6(a) TRUE COPY OF THE STAY PETITION DATED 12-1-2017 FOR THE ASST. YEAR 2014-15 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P7 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 1-1-2018 FOR THE ASST. YEAR 2015-16 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P7(a) TRUE COPY OF THE STAY PETITION DATED 1-1-2018 FOR THE ASST. YEAR 2015-16 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P8 TRUE COPY OF NOTICE U/S.221(1) DATED 28-2-2018 ISSUED BY THE 1ST RESPONDENT FOR THE ASST. YEAR 2015-16. EXHIBIT P9 TRUE COPY OF REPLY DATED 10-3-2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENTS EXHIBITS: NIL /TRUE COPY/ VPS PS TO JUDGE P .B.SURESH KUMAR, J. --------------------------------------------- W.P .(C) No. 8908 of 2018 --------------------------------------------- Dated this the 15th 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, P3 & P4 assessment orders, the petitioner preferred Exts.P5, P6 & P7 appeals before the second respondent. Exts.P5(a), P6(a) & P7(a) are the applications for stay preferred by the petitioner in Exts.P5, P6 & P7 appeals. The grievance of the petitioner in the writ petition concerns the delay on the part of the second respondent in passing orders on Exts.P5(a), P6(a) & P7(a) applications for stay. It is alleged by the petitioner in the writ petition that proceedings have already been initiated for realisation of the amounts covered by Exts.P2, P3 & P4 assessment orders. The petitioner, therefore, seeks appropriate WPC 8908 /18 -:2:- directions in this regard, in this writ petition. 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 Exts.P5(a), P6(a) & P7(a) 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 Exts.P5(a), P6(a) & P7(a) applications for stay, further proceedings for realisation of the amounts covered by Exts.P2, P3 & P4 assessment orders shall be deferred. Sd/- P .B.SURESH KUMAR, JUDGE vps 15/3 /T rue Copy/ PS to Judge "