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

WP(C)/8662/2018

AI Insights

The case involves M/s. Vellinezhi Service Co-op. Bank Ltd., the petitioner, who is aggrieved by the delay in the Income Tax Commissioner's office in deciding on their stay applications related to several assessment orders for different assessment years. The petitioner had appealed against the assessment orders issued by the Income Tax Officer, Ward-3, Palakkad, and simultaneously filed stay applications. The core issue was the delay in the decision-making process regarding these stay applications, which the petitioner argued was causing premature realization of the assessed amounts. The court's intervention was sought to expedite the decision on these stay applications and to halt any further actions on the assessment orders until a decision was made.

• Counselvise Citation: [2018] 140 COUNSELVISE.COM (IT) 755271 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 14-03-2018
• 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; VANDANA MENON; DIVYA RAVINDRAN; S SUJINI
• Keywords: Assessment Order; Income Tax; Realisation of amounts; Stay Application
• Section: 220(6)

Judgement Text

" IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR WEDNESDAY, THE 14TH DAY OF MARCH 2018 / 23RD PHALGUNA, 1939 WP(C).No. 8662 of 2018 PETITIONER(S) M/S.VELLINEZHI SERVICE CO-OP. BANK LTD. SREE LAKSHMI COMPLEX, THIRUVAZHIYODE POST, PALAKKAD DISTRICT, PIN-679514. REPRESENTED BY ITS SECRETARY-SHRI.CHANDRAMOHAN T. BY ADVS.SRI.T.M.SREEDHARAN (SR.) SRI.V.P.NARAYANAN SMT.VANDANA MENON SMT.DIVYA RAVINDRAN SMT.S.SUJINI RESPONDENT(S): 1. THE INCOME TAX OFFICER WARD -3, PALAKKAD. 2. THE COMMISSIONER OF INCOME TAX (APPEALS) SAKTHAN THAMPURAN NAGAR, THRISSUR.680001. BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8662 of 2018 (G) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 16.5.2005 ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) PALAKKAD. EXHIBIT P2 TRUE COPY OF THE ASST. ORDER AND DEMAND NOTICE DATED 28.3.2016 FOR THE ASST. YEAR 2010-11 PASSED BY THE 1ST RESPONDENT. EXHIBIT P3 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 P4 TRUE COPY OF THE ASST. ORDER AND DEMAND NOTICE DATED 22.12.2016 FOR THE ASST. YEAR 2014-15 PASSED BY THE 1ST RESPONDENT. EXHIBIT P5 TRUE COPY OF THE ASST. ORDER AND DEMAND NOTICE DATED 28.11.2017 FOR THE ASST. YEAR 2015-16 PASSED BY THE 1ST RESPONDENT. EXHIBIT P6 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 23.4.2016 FOR THE ASST. YEAR 2010-11 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P6(A) TRUE COPY OF THE STAY PETITION DATED 23.4.2016 FOR THE ASST. YEAR 2010-11 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P7 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 23.4.2016 FOR THE ASST. YEAR 2013-14 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P7(A) TRUE COPY OF THE STAY PETITION DATED 23.4.2016 FOR THE ASST. YEAR 2013-14 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P8 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 24.1.2017 FOR THE ASST. YEAR 2014-15 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P8(A) TRUE COPY OF THE STAY PETITION DATED 24.1.2017 FOR THE ASST. YEAR 2013-14 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P9 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 4.1.2018 FOR THE ASST. YEAR 2015-16 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P9(A) TRUE COPY OF THE STAY PETITION DATED 4.1.2018 FOR THE ASST. YEAR 2015-16 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. WP(C).No. 8662 of 2018 (G) EXHIBIT P10 TRUE COPY OF PETITION FILED U/S 220(6) OF THE ACT DATED 25.4.2016 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST. YEAR 2010-11. EXHIBIT P10(A) TRUE COPY OF PETITION FILED U/S 220(6) OF THE ACT DATED 25.4.2016 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST. YEAR 2013-14. EXHIBIT P10(B) TRUE COPY OF PETITION FILED U/S 220(6) OF THE ACT DATED 23.1.2017 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST. YEAR 2014-15. EXHIBIT P10(C) TRUE COPY OF PETITION FILED U/S 220(6) OF THE ACT DATED 4.1.2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST. YEAR 2015-16. (true copy) Sd/- P.S. to Judge P.B.SURESH KUMAR, J. ----------------------------------------------- W.P.(C) No.8662 of 2018 ----------------------------------------------- Dated 14th March, 2018. J U D G M E N T Petitioner is an assessee under the Income Tax Act (the Act) on the rolls of the first respondent. Aggrieved by Exts.P2 to P5 assessment orders, the petitioner preferred Exts.P6, P7, P8 and P9 appeals before the second respondent. Exts.P6(a), P7(a), P8(a) and P9(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 Exts.P6(a), P7(a), P8(a) and P9(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 to P5 orders. The petitioner, therefore, seeks appropriate directions in this regard, in this writ petition. 2. Heard the learned counsel for the petitioner as WPC No.8662/18 2 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.P6(a), P7(a), P8(a) and P9(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 the applications for stay, further proceedings for realisation of the amounts covered by Exts.P2 to P5 assessment orders shall be deferred. Sd/- P.B.SURESH KUMAR, JUDGE. tgs "