Wp(C)/10113/2015 Of Venjaramood Service Co-Operative Bank Ltd v. The Income Tax Officer

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.OTHIRUVANANTHAPURAM 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 MANAGERTHRIUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTDVENJARAMOODU BRANCH, THIRUVANANTHAPURAM 695 003 R3 BY ADV. SRI.T.R.HARIKUMAR, SC, THIRUVANANTHAPURAM DIST.CO.OP.BANKR1& 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 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, THIRUVANANTHAPURAMTHE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM EXHBIIT P2 COPY OF THE RELEVANT PAGES OF THE BYELAWS OF THE PETITIONER SOCIETYPETITIONER SOCIETY EXHBIIT P3 COPY OF THE NOTICE ISSUED BY THE IMNCOME TAX OFFICER,WARD1(1),THIRUVANANTHAPURAM DATED 27-03-2013OFFICER,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.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 21-4-2014PETITIONER 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.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.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.ISSUED BY THE 1ST RESPONDENT. EXHBIIT P9 COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERE DATED 25-03-2015.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 188/2014.2364/2014 IN ITA NO 188/2014. RESPONDENT(S)' EXHIBITS:NIL --------------------------------------- /TRUE COPY/ P.A.TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. ................................................. W.P.(C) No.10113 of 2015 (L) ............................................... Dated this the 10[th] day of April, 2015 JUDGMENT Challenging an order of assessment passed against it under theIncome Tax Act, for the assessment year 2008 - 2009, thepetitioner has preferred Ext.P5 appeal and Ext.P11 stay petitionbefore the 2[nd] respondent appellate authority. It is the case ofthe petitioner that even prior to considering the stay petitions,recovery proceedings are under way for recovery of the amountsconfirmed against the petitioner, by the assessment order againstwhich Ext.P5 appeal has been preferred. /TRUE COPY/ P.A.TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. ................................................. W.P.(C) No.10113 of 2015 (L) ............................................... Dated this the 10[th] day of April, 2015 JUDGMENT Challenging an order of assessment passed against it under theIncome Tax Act, for the assessment year 2008 - 2009, thepetitioner has preferred Ext.P5 appeal and Ext.P11 stay petitionbefore the 2[nd] respondent appellate authority. It is the case ofthe petitioner that even prior to considering the stay petitions,recovery proceedings are under way for recovery of the amountsconfirmed against the petitioner, by the assessment order againstwhich 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 forthe 1[st] and 2[nd] respondents and Sri.T.R.Harikumar, the learnedstanding counsel for the 3[rd] respondent.Sri.K.M.V.Pandalai, the learned standing counsel appearing forthe 1[st] and 2[nd] respondents and Sri.T.R.Harikumar, the learnedstanding counsel for the 3[rd] respondent. 3. On a consideration of the facts and circumstances of the case andthe submissions made across the Bar, I dispose the writ petitionwith a direction to the 2[nd] respondent to consider and pass orderson Ext.P5 appeal preferred by the petitioner before him, within aperiod of three months from the date of receipt of a copy fo thisjudgment, after hearing the petitioner. the submissions made across the Bar, I dispose the writ petitionwith a direction to the 2[nd] respondent to consider and pass orderson Ext.P5 appeal preferred by the petitioner before him, within aperiod of three months from the date of receipt of a copy fo thisjudgment, after hearing the petitioner. Coercive steps for recovery of amounts confirmed against thepetitioner by assessment order against which Ext.P5 appeal hasbeen preferred, including further proceedings pursuant to Ext.P8garnishee notice, shall be kept in abeyance, till such time as the 2[nd]respondent passes orders, as directed above, andcommunicates the same to the petitioner. AMV/10/04/ Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE