Wp(C)/10360/2015 Of Vattiyoorkavu 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 MONDAY, THE 30TH DAY OF MARCH 2015/9TH CHAITHRA, 1937WP(C).No.10360 of 2015 (T) ---------------------------------------- PETITIONER: ------------------- VATTIYOORKAVU SERVICE CO-OPERATIVE BANK LTD.NO.1652,REPRESENTEDBY ITS SECRETARY,VATTIYOORKAVU P.O.,THIRUVANANTHAPURAM DISTRICT-695013. BY ADVS.SRI.V.G.ARUN SRI.PRASAD CHANDRAN RESPONDENTS: ---------------------------- 1.THE INCOME TAX OFFICER,WARD (1),OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX,RANGE-21,1ST FLOOR,AYAKAR BHAVAN,KOWDIAR,THIRUVANANTHAPURAM DISTRICT-695003. 2.THE COMMISSIONER OF INCOME TAX (APPEALS),THIRUVANANTHAPURAM-695003. 3.THE BRANCH MANAGER,THIRUVANANTHAPURAM DISTRICTCO-OPERATIVE BANK LTD., VATTIYOORKAVU BRANCH,THIRUVANANTHAPURAM-695013. R1 & R2 BY SRI.K.M.V.PANDALAI,INCOME TAX DEPARTMENT R3 BY SRI.T.R.HARIKUMAR, SC, THIRUVANANTHAPURAM DIST.CO. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: pk W.P(C) NO.10360/2015 APPENDIX PETITIONER'S EXHIBITS: EXT.P1:A TRUE COPY OF THE CERTIFICATE DATED 24.7.2013, ISSUED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. EXT.P2:A TRUE COPY OF THE RELEVANT PAGES OF THE BYELAWS OF THE PETITIONER SOCIETY. PETITIONER SOCIETY. EXT.P3:A TRUE COPY OF THE ACKNOWLEDGEMENT DATED 18.6.2009 ISSUED BY THE FIRST RESPONDENT. BY THE FIRST RESPONDENT. EXT.P4:A TRUE COPY OF THE NOTICE ISSUED BY THE INCOME TAX OFFICE, WARD 1 (1),THIRUVANANTHAPURAM DSTED 27.3.2013. WARD 1 (1),THIRUVANANTHAPURAM DSTED 27.3.2013. EXT.P5:A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE THE ADDL.COMMISSIONER OF INCOME TAX DATED 28.7.2013. THE ADDL.COMMISSIONER OF INCOME TAX DATED 28.7.2013. EXT.P6:A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2008-2009 DATED 28.3.2014. DATED 28.3.2014. EXT.P7:A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 28.3.2014. DATED 28.3.2014. EXT.P8:A TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 28.3.2014. RESPONDENT DATED 28.3.2014. EXT.P9:A TRUE COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH COVERING LETTER DATED 9.4.2014. PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH COVERING LETTER DATED 9.4.2014. EXT.P10:A TRUE COPY OF THE NOTICE ISSUED BY THE INCOME TAX OFFICER, WARD 1(1), THIRUVANANTHAPURAM DATED 17.10.2014. WARD 1(1), THIRUVANANTHAPURAM DATED 17.10.2014. EXT.P11:A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE THE INCOME TAX OFFICER, WARD 1 (1),THIRUVANANTHAPURAM DATED 24.10.2014. THE INCOME TAX OFFICER, WARD 1 (1),THIRUVANANTHAPURAM DATED 24.10.2014. EXT.P12:A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 20.2.2015. DATED 20.2.2015. EXTP13:A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 27.2.2015. THE 1ST RESPONDENT DATED 27.2.2015. EXT.P14:A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT DATED 25.3.2015. RESPONDENT DATED 25.3.2015. EXT.P15:A TRUE COPY OF THE NOTICE NO.AAAAV0521A/W2 (1)TVM/2014-15 DATED 24.3.2015 ISSUED BY THE 1ST RESPONDENT. DATED 24.3.2015 ISSUED BY THE 1ST RESPONDENT. EXT.P16:A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT DATED 25.3.2015. EXT.P17:A TRUE COPY OF THE STAY PETITION DATED 27.3.2015, FILED BY THE PETITIONER IN EXT.P9 APPEAL. PETITIONER IN EXT.P9 APPEAL. EXT.P18:A TRUE COPY OF THE MEMO FILED BY THE PETITIONER FOR EARLY HEARING AND DISPOSAL OF EXT.P9 APPEAL DATED 26.3.2015. HEARING AND DISPOSAL OF EXT.P9 APPEAL DATED 26.3.2015. EXT.P14:A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT DATED 25.3.2015. RESPONDENT DATED 25.3.2015. EXT.P15:A TRUE COPY OF THE NOTICE NO.AAAAV0521A/W2 (1)TVM/2014-15 DATED 24.3.2015 ISSUED BY THE 1ST RESPONDENT. DATED 24.3.2015 ISSUED BY THE 1ST RESPONDENT. EXT.P16:A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT DATED 25.3.2015. EXT.P17:A TRUE COPY OF THE STAY PETITION DATED 27.3.2015, FILED BY THE PETITIONER IN EXT.P9 APPEAL. PETITIONER IN EXT.P9 APPEAL. EXT.P18:A TRUE COPY OF THE MEMO FILED BY THE PETITIONER FOR EARLY HEARING AND DISPOSAL OF EXT.P9 APPEAL DATED 26.3.2015. HEARING AND DISPOSAL OF EXT.P9 APPEAL DATED 26.3.2015. EXT.P19:A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT DATED 28.3.2015. RESPONDENT DATED 28.3.2015. EXT.P20:A TRUE COPY OF THE NOTICE NO.AAAAV0521A/W-2(1)TVM/2014-15 DATED 27.3.2015 ISSUED BY THE 1ST RESPONDENT. DATED 27.3.2015 ISSUED BY THE 1ST RESPONDENT. EXT.P21:A TRUE COPY OF THE INTERIM ORDER DATED 30.9.2014 IN I.A.NO.2364/2014 IN ITA NO.188/2014. I.A.NO.2364/2014 IN ITA NO.188/2014. RESPONDENT'S EXHIBITS:NIL //TRUE COPY// P.S. TO JUDGE A.K.JAYASANKARAN NAMBIAR, J.------------------------------- W.P.(C).NO.10360 OF 2015 (T)----------------------------------- Dated this the 30[th] day of March, 2015 J U D G M E N T Against Ext.P6 assessment order under the Income Tax Act, thepetitioner had preferred Ext.P9 appeal and Ext.P17 stay petitionbefore the 2[nd] respondent. It is the case of the petitioner that evenprior to considering the stay petition, recovery steps are taken by therespondents for recovery of the amounts confirmed against thepetitioner by Ext.P6 assessment order. 2. I have heard the learned counsel appearing for the petitionerand also the learned Standing counsel appearing for the respondents. 3. On a consideration of the facts and circumstances of the caseas also the submissions made across the Bar, I dispose the writpetition with the following directions: 1. The 2[nd] respondent shall consider and pass orderson Ext.P17 stay petition preferred by the petitionerwithin a period of two months from the date of receiptof a copy of this judgment, after hearing the petitioner. prp 2.Recovery steps for recovery of amounts confirmedagainst petitioner pursuant to Ext.P6 assessment ordershall be kept in abeyance till orders are passed by the2[nd] respondent as directed above and communicatedto the petitioner. A.K.JAYASANKARAN NAMBIAR JUDGE