VILAPPIL SERVICE CO-OPERATIVE BANK LIMITED V. THE INCOME TAX OFFICER

WP(C)/29646/2017

AI Insights

The case involves the Vilappil Service Co-operative Bank Limited, which filed a writ petition against the Income Tax Officer and the Commissioner of Income Tax (Appeals) concerning an assessment order for the year 2014-15. The bank had filed an appeal and a stay petition against the assessment order, which were pending before the Commissioner of Income Tax (Appeals). Meanwhile, coercive recovery proceedings were initiated against the bank. The High Court intervened to stay these proceedings and directed the appellate authority to expedite the decision on the stay application.

• Counselvise Citation: [2017] 140 COUNSELVISE.COM (IT) 755406 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 14-09-2017
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: CHRISTOPHER ABRAHAM
• Assessee Lawyers: BABU NAIR
• Keywords: Assessment Order; Coercive Proceedings; Income Tax; Stay Application
• Section: 156

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 14TH DAY OF SEPTEMBER 2017/23RD BHADRA, 1939 WP(C).No. 29646 of 2017 (E) ---------------------------- PETITIONER(S): ------------- VILAPPIL SERVICE CO-OPERATIVE BANK LIMITED, NO.2522, HEAD OFFICE, PEYYAD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, ANIL KUMAR M., S/O.MADHANAPPAN NAIR. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): ------------- 1. THE INCOME TAX OFFICER, WARD 2(4), OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, RANGE 2, AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN - 695 003. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN - 695 003. BY SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-09-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rvs. WP(C).No. 29646 of 2017 (E) APPENDIX PETITIONER(S)' EXHIBITS: ----------------------- EXHIBIT P1. TRUE COPY OF THE CERTIFICATE ISSUED BY THE JOINT REGISTRAR (GENERAL), THIRUVANANTHAPURAM DATED, 01.11.2016. EXHIBIT P2. TRUE COPY OF THE RELEVANT PORTION OF THE BYE-LAWS OF THE SOCIETY, STATING ITS OBJECTIVES. EXHIBIT P3. TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE FIRST RESPONDENT FOR THE YEAR 2014-15 DATED 28.12.2016. EXHIBIT P4. TRUE COPY OF THE NOTICE OF DEMAND ISSUED TO THE PETITIONER UNDER SECTION 156 OF THE INCOME TAX ACT DATED, 28.12.2016. EXHIBIT P5. TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT COMMISSIONER (APPEALS) DATED, 27.01.2017. EXHIBIT P6. TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER IN EXHIBIT P5 APPEAL DATED, 02.05.2017. EXHIBIT P7. TRUE COPY OF THE ORDER OF THE INCOME TAX APPELLATE TRIBUNAL IN ITA NO.24/2017 DATED, 04.04.2017. RESPONDENT(S)' EXHIBITS : ----------------------- NIL. /TRUE COPY/ P.A. TO JUDGE rvs. K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P(C) No.29646 of 2017 E - - - - - - -- - - - - - - - - - - - - - - Dated this the 14th day of September, 2017 J U D G M E N T Ext.P3 is the order passed against the petitioner for the assessment year 2014-15. Against this order, petitioner filed Ext.P5 appeal, which is accompanied by Exts.P6 stay petition before the 2nd respondent. Appeal and stay petition are pending before the 2nd respondent. In the meanwhile, coercive proceedings have been initiated. It is in this context, the writ petition has been filed. 2. In the above circumstances, it is directed that the appellate authority, the 2nd respondent herein, consider and dispose of Ext.P6 stay application within a period of two WP(C).29646/2017 2 months from the date of receipt of a certified copy of this judgment and the coercive proceedings be stayed until such orders are passed, which order shall determine the matter thereafter. The writ petition is disposed of without any observation on merits and keeping in abeyance the recovery till such time as the directions herein are complied with by the appellate authority, whose orders shall determine the further steps thereafter. Sd/- K.VINOD CHANDRAN, Judge jma //true copy// P.A to Judge "