VILAPPIL SERVICE CO-OPERATIVE BANK LTD. NO.2522, V. THE INCOME TAX OFFICER,

WP(C)/6487/2021

AI Insights

The case involves the Vilappil Service Co-operative Bank Ltd., which filed a writ petition against the Income Tax Department concerning an assessment order and subsequent demand notice. The petitioner had appealed against the assessment order and filed a stay petition, both pending before the 4th respondent. Despite the pending appeal and stay petition, the respondents issued a notice of demand for the assessed amount. The petitioner sought a stay on this notice, arguing that the recovery should not proceed while the appeal and stay petition were unresolved. The court decided to expedite the decision on the stay petition and temporarily restrained the respondents from proceeding with the recovery.

• Counselvise Citation: [2021] 140 COUNSELVISE.COM (IT) 691551 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 15-03-2021
• Assessment Year: misc
• Result in Favour of: Others
• Court: HIGH COURT
• Assessee Lawyers: BABU NAIR; SMITH BABU; P A RAJESH; SHAMSEERA ASHRAF; R B RAJESH; DIYA JISON; BHARATH MOHAN
• Keywords: Assessment Order; Demand notice; Stay Petition

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.M.BADAR MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942 WP(C).No.6487 OF 2021(I) PETITIONER: VILAPPIL SERVICE CO-OPERATIVE BANK LTD. NO.2522, HEAD OFFICE, PEYYAD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, S. RICHARDSON, S/O. S. STEPHENSON, AGED 56 YEARS, RESIDING AT TRIPTHI, MALAYAM P.O., THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.BABU S. NAIR SMT.SMITHA BABU SRI.P.A.RAJESH SMT.SHAMSEERA. C.ASHRAF SRI.R.B.RAJESH SMT.DIYA P.JISON SHRI.BHARATH MOHAN RESPONDENTS: 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. 3 THE INCOME TAX OFFICER NATIONAL E-ASSESSMENT CENTRE, ROOM NO.356, C.R.BUILDING, IP ESTATE, NEW DELHI - 110 002 4 THE COMMISSIONER OF INCOME TAX (APPEALS) NATIONAL FACELESS APPEAL CENTRE (NFAC), ROOM NO.356, C.R.BUILDING, IP ESTATE, NEW DELHI - 110 002 OTHER PRESENT: SRI. CHRISTOPHER ABRAHAM, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.6487/2021 2 JUDGMENT Dated this the 15th day of March 2021 Heard both sides. 2. As against the assessment order at Ext.P2, the petitioner- Society has preferred an appeal, Ext.P4 along with stay petition, Ext.P5 which are reportedly pending before the 4th respondent. It is argued by the learned counsel for the petitioner that despite pendency of appeal as well as stay petition, respondents are seeking to recover the amount determined by the assessment order at Ext.P2 vide notice at Ext.P3. The petitioner is therefore seeking stay of the notice of demand at Ext.P3. 3. Learned Standing Counsel who takes notice for respondents opposed the writ petition and contended that, at the most the 4th respondent can be directed to decide the stay petition expeditiously. Considering the submissions so advanced and looking into the facts and circumstances of the instant case, this writ petition is disposed of with a direction to the 4th respondent to decide the pending stay petition, Ext.P5, within a period of three months from the date of communication of this judgment. The petitioner W.P.(C) No.6487/2021 3 to co-operate the 4th respondent in disposal of the stay petition, Ext.P5. Till disposal of the stay petition at Ext.P5, respondents are restrained from effecting recovery in pursuant to the notice of demand at Ext.P3. This writ petition is disposed of as above. Sd/- A.M.BADAR JUDGE smp W.P.(C) No.6487/2021 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM DATED 1.11.2016 EXHIBIT P2 TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE THIRD RESPONDENT DATED 2.3.2021 EXHIBIT P3 TRUE COPY OF THE NOTICE OF DEMAND ISSUED TO THE PETITIONER BY THE THIRD RESPONDENT DATED 2.3.2021 EXHIBIT P4 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED, 10.3.2021 ALONG WITH THE ACKNOWLEDGMENT OF RECEIPT. EXHIBIT P5 TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER IN EXHIBIT P4 APPEAL DATED, 10.3.2021 RESPONDENTS' EXHIBITS: NIL. True Copy P.S to Judge smp "