M/S VANIAMKULAM SERVICE CO-OPERATIVE BANK LTD V. THE INCOME TAX OFFICER

WP(C)/9650/2018

AI Insights

The case involves M/s Vaniamkulam Service Co-operative Bank Ltd, the petitioner, who is aggrieved by several assessment orders issued by the Income Tax Officer, Ward - 3, Ralakkad, the first respondent. The petitioner had filed appeals against these orders and simultaneously requested stays on the realization of the assessed amounts. 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 causing premature realization of the assessed amounts. The court's decision focused on ensuring a timely resolution of the stay applications to prevent any further actions on the assessment orders until a decision was made.

• Counselvise Citation: [2018] 140 COUNSELVISE.COM (IT) 755253 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 21-03-2018
• 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: Appeal; Assessment Order; Income Tax; Realisation of amounts; Stay Petition
• Section: 143(3)

Judgement Text

" IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR WEDNESDAY, THE 21ST DAY OF MARCH 2018 / 30TH PHALGUNA, 1939 WP(C).No. 9650 of 2018 ---------------------- PETITIONER : ---------- M/S VANIAMKULAM SERVICE CO-OPERATIVE BANK LTD NO.P-577, P.O.VANIAMKULAM, PALAKKAD 679 518, REPRESENTED BY ITS SECRETARY, SHRI.VIJAYAKUMAR V.K BY ADV.SRI.V.P.NARAYANAN RESPONDENTS : ----------- 1. THE INCOME TAX OFFICER WARD - 3, RALAKKAD 678 001. 2. THE COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAWAN, SAKTHAN THAMPURAN NAGAR, THRISSUR - 680 001. BY SRI.JOSE JOSEPH, SC, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: bp 24/3/2018 WP(C).No. 9650 of 2018 (E) -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 26/06/2015 FOR AY-2012-13 ALONG WITH DEMAND NOTICE PASSED BY THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 25/4/2015 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR AY- 2012-13 EXHIBIT P2 A TRUE COPY OF THE STAY PETITION DATED 25/4/2015 FILED BY THE PETITIONER FOR AY-2012-13 BEFORE THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF ASSESSMENT ORDER DATED 28/3/2016 ALONG WITH DEMAND NOTICE PASSED BY THE 1ST RESPONDENT FOR AY-2013-14 EXHIBIT P4 TRUE COPY OF ASSESSMENT ORDER DATED 22/12/2016 ALONG WITH DEMAND NOTICE PASSED BY THE 1ST RESPONDENT FOR AY-2014-15 EXHIBIT P5 TRUE COPY OF ASSESSMENT ORDER DATED 27/11/2017 ALONG WITH DEMAND NOTICE PASSED BY THE 1ST RESPONDENT FOR AY-2015-16 EXHIBIT P6 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 5/4/2016 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR AY- 2013-14 EXHIBIT P6(A) TRUE COPY OF THE STAY PETITION DATED 5/4/2016 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE AY-2013-14 EXHIBIT P7 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 12/1/2017 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR AY- 2014-15 EXHIBIT P7(A) TRUE COPY OF THE STAY PETITION DATED 12/1/2017 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE AY-2014-15 EXHIBIT P8 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 2/1/2018 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR AY-2015-16 WP(C).No. 9650 of 2018 (E) -------------------------- EXHIBIT P8(A) TRUE COPY OF THE STAY PETITION DATED 2/1/2018 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE AY-2015-16 RESPONDENT'S EXHIBITS : NIL. //TRUE COPY// P.A. TO JUDGE bp 24.3.2018 P .B.SURESH KUMAR, J. --------------------------------------------- W.P .(C) No. 9650 of 2018 --------------------------------------------- Dated this the 21st 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.P1, P3, P4 & P5 assessment orders, the petitioner preferred Exts.P2, P6, P7, P8 appeals before the second respondent. Exts.P2(a), P6(a), P7(a) & P8(a) are the applications for stay preferred by the petitioner in Exts.P2, P6, P7, P8 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.P2(a), P6(a), P7(a) & P8(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.P1, P3, P4 & P5 assessment orders. The petitioner, WPC 9650/18 -:2:- therefore, seeks appropriate 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.P2(a), P6(a), P7(a) & P8(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.P2(a), P6(a), P7(a) & P8(a) applications for stay, further proceedings for realisation of the amounts covered by Exts.P1, P3, P4 & P5 assessment orders shall be deferred. Sd/- P .B.SURESH KUMAR, JUDGE vps 23/3 /T rue Copy/ PS to Judge "