VENJARAMOOD SERVICE CO-OPERATIVE BANK LTD. V. THE INCOME TAX OFFICER

WP(C)/10113/2015

AI Insights

The case involves Venjaramood Service Co-operative Bank Ltd., which challenged an order of assessment under the Income Tax Act for the assessment year 2008-2009. The bank had filed an appeal (Ext.P5) and a stay petition (Ext.P11) with the Commissioner of Income Tax Appeals (2nd respondent) but faced ongoing recovery proceedings based on the assessment order. The petitioner argued that these proceedings should be halted until the appeal was considered. The court heard arguments from both sides and decided to halt the recovery proceedings temporarily and expedite the appeal process.

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 755645 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 10-04-2015
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: K M V PANDALAI; T R HARIKUMAR
• Assessee Lawyers: V G ARUN; PRASAD CHANDRAN
• Keywords: Assessment year 2008-2009; Income Tax; Recovery proceedings; Stay Petition
• Section: 143(3)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 WP(C).No. 10113 of 2015 (L) ---------------------------- PETITIONER(S) : ---------------------- VENJARAMOOD SERVICE CO-OPERATIVE BANK LTD., NO 2419, REPRESENTED BY ITS SECRETARY , VENJARAMOODU P.O THIRUVANANTHAPURAM DISTRICT 695 607. BY ADVS.SRI.V.G.ARUN SRI.PRASAD CHANDRAN RESPONDENT(S) : ------------------------ 1. THE INCOME TAX OFFICER, WARD-2(3), KAUDIAR, THIRUVANANTHPAURAM DISTRICT 695 003. 2. THE COMMISSIONER OF INCOME TAX APPEALS, THIRUVANANTHAPURAM 695 003 3. THE BRANCH MANAGER THRIUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD VENJARAMOODU BRANCH, THIRUVANANTHAPURAM 695 003 R3 BY ADV. SRI.T.R.HARIKUMAR, SC, THIRUVANANTHAPURAM DIST.CO.OP.BANK R1& R2 BY ADV. SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMV : 2 : WP(C).No. 10113 of 2015 (L) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 COPY OF THE CERTIFICATE DATED 17-03-1999,ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM EXHBIIT P2 COPY OF THE RELEVANT PAGES OF THE BYELAWS OF THE PETITIONER SOCIETY EXHBIIT P3 COPY OF THE NOTICE ISSUED BY THE IMNCOME TAX OFFICER,WARD1(1),THIRUVANANTHAPURAM DATED 27-03-2013 EXHBIIT P4 COPY OF THE ACKNOWLEDGEMENT DATED 11-04-2013 ON SUBMISSION OF REVISED RETURN OF INCOME FOR THE ASSESSMENT YEAR 2008-2009,SUBMITTED BY THE PETITIONER. EXHIBIT P5 COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 21-4-2014 EXHBIIT P6 COPY OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE THE INCOME TAX OFFICER, WARD1(1), THIRUVANANTHPAURAM DATED 22-04-2014. EXHIBIT P7 COPY OF THE REQUEST SUBMITTED BY THE PEITITONER BEFORE THE 2ND RESPONDENT DATED 21-04-2014. EXHIBIT P8 COPY OF THE NOTICE NO AAAAV3571/IC DATED 24-03-2015 ISSUED BY THE 1ST RESPONDENT. EXHBIIT P9 COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERE DATED 25-03-2015. EXHIBIT P10 COPY OF THE INTERIM ORDER DATED 30-09-2014 IN I.A NO 2364/2014 IN ITA NO 188/2014. RESPONDENT(S)' EXHIBITS : NIL --------------------------------------- /TRUE COPY/ P.A.TO JUDGE AMV A.K.JAYASANKARAN NAMBIAR, J. ................................................. W.P.(C) No.10113 of 2015 (L) ............................................... Dated this the 10th day of April, 2015 JUDGMENT Challenging an order of assessment passed against it under the Income Tax Act, for the assessment year 2008 - 2009, the petitioner has preferred Ext.P5 appeal and Ext.P11 stay petition before the 2nd respondent appellate authority. It is the case of the petitioner that even prior to considering the stay petitions, recovery proceedings are under way for recovery of the amounts confirmed against the petitioner, by the assessment order against which Ext.P5 appeal has been preferred. 2. I have heard Sri.V.G.Arun, the learned counsel for the petitioner, Sri.K.M.V.Pandalai, the learned standing counsel appearing for the 1st and 2nd respondents and Sri.T.R.Harikumar, the learned standing counsel for the 3rd respondent. 3. On a consideration of the facts and circumstances of the case and the submissions made across the Bar, I dispose the writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P5 appeal preferred by the petitioner before him, within a period of three months from the date of receipt of a copy fo this judgment, after hearing the petitioner. W.P.(C) No.10113 of 2015 (L) 2 Coercive steps for recovery of amounts confirmed against the petitioner by assessment order against which Ext.P5 appeal has been preferred, including further proceedings pursuant to Ext.P8 garnishee notice, shall be kept in abeyance, till such time as the 2nd respondent passes orders, as directed above, and communicates the same to the petitioner. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE AMV/10/04/ "