Wa/1870/2023 Of Kadavalloor Service Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 15 DAY OF NOVEMBER 2023 / 24TH KARTHIKA, 1945WA NO. 1870 OF 2023 AGAINST THE JUDGMENT DATED 27.9.2023 IN WP(C) 31660/2023 OF HIGHCOURT OF KERALA APPELLANT/PETITIONER: KADAVALLOOR SERVICE CO-OPERATIVE BANK LTD. NO. 3821, KADAVALLOOR, P.O.KADAVALLUR THRISSUR DISTRICT REPRESENTED BY ITS SECRETARY., PIN - 680543 BY ADV P.C.SASIDHARAN RESPONDENTS/RESPONDENTS 1 & 2: 1THE INCOME TAX OFFICER, WARD I & TPS, INCOME TAX OFFICE, CITY PLAZA, WEST NADA, GURUVAYOOR, PIN - 680101OFFICE, CITY PLAZA, WEST NADA, GURUVAYOOR, PIN - 680101 2STATE BANK OF INDIA, PERUMPILAVU BRANCH, TRIVENI PLAZA,PERUMPILAVU, THRISSUR, PIN - 680519 BY ADVS.SC SRI. P.G. JAYASHANKAR R1KEERTHIVAS GIRISC SRI. A. KUMAR -R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15.11.2023,ALONG WITH WA.1871/2023, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING: -:2:- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 15 DAY OF NOVEMBER 2023 / 24TH KARTHIKA, 1945 WA NO. 1871 OF 2023 AGAINST THE JUDGMENT DATED 27.9.2023 IN WP(C) 31648/2023 OF HIGHCOURT OF KERALA APPELLANT/PETITIONER: KADAVALLOOR SERVICE CO-OPERATIVE BANK LTD. NO. 3821, KADAVALLOOR, P.O.KADAVALLUR THRISSUR DISTRICT , REPRESENTED BY ITS SECRETARY., PIN - 680543 BY ADV P.C.SASIDHARAN RESPONDENTS/RESPONDENTS 1 & 2: 1THE INCOME TAX OFFICER, WARD I & TPS, INCOME TAX OFFICE, CITY PLAZA, WEST NADA, GURUVAYOOR, PIN - 680101 2STATE BANK OF INDIA, PERUMPILAVU BRANCH, TRIVENI PLAZA, PERUMPILAVU, THRISSUR, PIN - 680519 BY ADVS.SC SRI. P.G. JAYASHANKAR R1KEERTHIVAS GIRISC SRI. A. KUMAR -R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON15.11.2023, ALONG WITH WA.1870/2023, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: -:3:- J U D G M E N T Dr. A.K.Jayasankaran Nambiar, J. Pursuant to our interim orders dated 8.11.2023 and 14.11.2023in these writ appeals, we have now been informed that the amountsdirected to be re-credited to the appellant have since beenre-credited. We are also informed that the appeals preferred by theappellant/bank before the Income Tax Appellate Tribunal have beenlisted for hearing at 10.30 am on 24.11.2023. 2.Taking note of the said developments, we dispose thesewrit appeals, by making the interim orders dated 8.11.2023 and14.11.2023 absolute, and by directing the Income Tax AppellateTribunal, Cochin Bench to consider the appeals or the stayapplications preferred by the appellant as indicated in the notice ofthe Tribunal dated 7.11.2023, on the said date, i.e. 24.11.2023, or onany date to which the Tribunal may adjourn the case, after hearingthe appellant. There shall be a stay of recovery of the amounts W.A.Nos.1870 & 1871 of 2023 confirmed against the appellant by the orders impugned in the writpetitions, pending disposal of the stay applications/appeals, whicheveris earlier, by the Tribunal. As already noticed in our order dated8.11.2023, the appellant shall also ensure that the amounts re-credited in their account are retained as fixed deposit in the bank,pending the passing of orders by the Tribunal in the stayapplications/appeals, as the case may be. The Writ Appeals are disposed as above. Sd/- DR. A.K.JAYASANKARAN NAMBIAR JUDGE - sd/ DR. KAUSER EDAPPAGATH JUDGE kp