Wp/3040/2015 Of The Bharat Co Operative v. The Commissioner Of Income Tax

1 IN THR HIGH COURT OF KARNATAKA AT BBNGALURU DATED THIS THE 6[‘TH]DAY OF FEBRUARY, 20109 BRHRORE THR HON’BLE MR.JUSTICE B.S.PATIL W.P.Nos. 3040,42/2015(TIT) BRBETIT THE BHARAT CO-OPERATIVE BANK (MUBAIT) LTD.,K.H. ROAD BRANCH,REP. BY TITS DY.GENERAL MANAGERoRI. KISHORE D. KOTIAN,AGED ABOUT 56 YBARSMONEY TERRACE,K H ROAD, (DOUBLE ROAD)|BENGALURU-560 O27.... PETITIONBR (By Sri SHANKAR A, ADV.) ANT 1.THE COMMISSIONER OF INCOME TAX (TDS),OFFICE OF THE COMMISSIONER OF INCOME-TAX (TDS),) FLOOR, HMT BHAVAN,NO.59, BELLARY ROAD,BANGALORE-560 O32.OFFICE OF THE COMMISSIONER OF INCOME-TAX (TDS),) FLOOR, HMT BHAVAN,NO.59, BELLARY ROAD,BANGALORE-560 O32. ?)THE INCOME-TAX OFFICER (TDS)WARD-2(2),) FLOOR, HMT BHAVAN,59, BELLARY ROAD,BANGALORE-560 O32. 3)THE COMMISSIONER OF INCOME-TAX (APPEALS)-13, ) FLOOR,HMT BHAVAN,59, BELLARY ROAD,BANGALORE-560 O32... RESPONDENTS. ao (By Sri. JEEVAN J.NEERALGI, ADV. ) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 &227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE.NOTICE UNDER SEC.226(3) OF THE ACT DT.22.1.2015 ISSUED BY)THE R-2 TO THE MANAGER, RESERVE BANK OF INDIA,|NRUPATHUNGA ROAD, BENGALURU REFERRED IN ANNX-A AS.NOT IN ACCORDANCE WITH LAW & QUASH THE SAME. THESE PETITIONS COMING ON FOR PRBLIMINARY HBARINGTHIS DAY, THE COURT MADE THE FOLLOWING: ORDER 1Petitionerhas.sufferedassessment.orders dated29.03.2014 which are passed under Section 201(1) and 2O1(A)of the Income Tax Act, 1961 (for short ‘the Act’). These orders|are produced at Annexures — Bl, B2 and B3. Aggrieved by theseorders, petitioner has filed statutory appeals before theCommissioner of Income Tax (Appeals), Bangalore. The said|appeals are pending consideration. ?)Petitioner has filed application seeking interim prayer ofthe demand notice issued. The said application is still pending. No orders are passed by the Appellate Authority. During themeantime, the Authorities have initiated steps for recovery oftax. Notice under Section 226(3) of the Act has been issued bythe jurisdictional Income Tax Officer to the Manager, ReserveBank of India, Nrupathunga Road, Bangalore, which is. produced at Annexure-A. Petitioner moved the Commissioner ofIncome Tax seeking stay of recovery of the amount. As no orderis passed either by the Appellate Authority or by the)Commissioner before whom the application was moved,|petitioner has approached this Court in these writ petitions. © 3.eri Jeevan J. Neeralgi, learned counsel for the revenuewas directed to take notice and secure instructions. 4 I have heard the learned counsel for the parties.5,Facts and circumstances of the case would reveal that!appeals filed by the petitioner are still pending. Application filedseeking stay of the demand notice issued pursuant to theassessment orders challenged before the Appellate Authority isalso pending. Under such circumstances, learned counsel forboth sides bring to the notice of the Court the view alreadytakenbythisCourt.1n similar.mattersincluding1n W.P.Nos.14973-989/2014 disposed of on 26.03.2014. Hence,in order to safeguard the interest of the petitioner and therevenue, following order is passed: A)|Petitioner is permitted to move the Appellate|Authority within three weeks from today requesting| for consideration of the application filed before theAppellateAuthority,whereuponthe|AppellateAuthority shall consider the application and passappropriate orders. In the meanwhile, there shall bestay of the impugned notice produced at Annexure— A and the recovery of the amount pursuant to thedemand notices issued vide Annexures-Bl, B2 andB3. | b)Appellate Authority is directed to dispose ofthe appeals within two months from today. Petitions are accordingly disposed of. eri Jeevan J. Neeralgi, learned standing counsel for the respondents is permitted to file vakalth within two weeks. VP Sd/-.JUDGE