Wp(C)/15042/2020 Of The Nattakam Service Co-Operative Bank Limited v. The Income Tax Officer (Tds)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 30TH DAY OF JULY 2020 / 8TH SRAVANA, 1942 WP(C).No.15042 OF 2020 PETITIONER: THE NATTAKAM SERVICE CO-OPERATIVE BANK LIMITED, NO.3839REPRESENTED BY ITS SECRETARY T.R SATHYADEVAN, AGED 58 YEARS, S/O. RAVEENDRAN, NATTAKOM, PAKKIL P.O, KOTTAYAM DISTRICT, PIN 686 012 BY ADVS.SRI.C.A.JOJOSRI.S.JIJI RESPONDENTS: 1THE INCOME TAX OFFICER (TDS) PUBLIC LIBRARY BUILDING, KOTTAYAM, KOTTAYAM PIN 686 001 2THE COMMISSIONER OF INCOME TAX (APPEALS), PUBLIC LIBRARY BUILDING, KOTTAYAM RANGE, KOTTAYAM, PIN 686 001 BY ADV.SRI. CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.07.2020,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Against Exts.P1 and P3 orders under Section 201(1)/201(1A) of theIncome Tax Act, the petitioner has preferred Exts.P5 and P6 appealstogether with Exts.P10 and P11 stay petitions before the 2[nd] respondent.It is the case of the petitioner that during the pendency of the appeal,and with a view to keeping in abeyance recovery steps, he hadapproached the 1[st] respondent for a stay and the 1[st] respondent byExts.P8 and P9 orders had directed a payment of 20% of the amountpending disposal of the appeal. 2. I have heard the learned counsel appearing for the petitionerand also the learned Standing counsel appearing for the respondents. On a consideration of the facts and circumstances of the case asalso the submissions made across the Bar, I find that the petitioner haspreferred Exts.P10 and P11 stay petitions before the 2[nd] respondentappellate authority and the said authority is in seisin of the same. Underthe said circumstances, I am of the view that recovery proceedingspursuant to Exts.P1 and P3 orders can be kept in abeyance till such timeas the first appellate authority considers the stay petition. Accordingly, Idispose the Writ Petition by directing the 2[nd] respondent to consider and WP(C).No.15042 OF 2020 pass orders on Exts.P10 and P11 stay petitions within four months fromthe date of receipt of a copy of this judgment, after hearing thepetitioner. Recovery steps for recovery of amounts confirmed against thepetitioner by Exts.P1 and P3 orders shall be kept in abeyance till suchtime as orders are passed by the 2[nd] respondent as directed above andcommunicated to the petitioner. Further, in view of the above directionsto the appellate authority, Exts.P8 and P9 orders of the 1[st] respondentare quashed. The petitioner shall produce a copy of the writ petitiontogether with a copy of this judgment, before the 2[nd] respondent, forfurther action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE mns APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1A TRUE COPY OF THE ORDER U/S 201(1) 201(1A) OF THE INCOME TAX ACT, 1961 ISSUED BY THE 1ST RESPONDENT DATED 31-12-2019 FOR AY 2017-18INCOME TAX ACT, 1961 ISSUED BY THE 1ST RESPONDENT DATED 31-12-2019 FOR AY 2017-18 EXHIBIT P2A TRUE COPY OF THE DEMAND NOTICE FOR AY. 2017-18 DATED 31-12-2019 FOR AN AMOUNT OF RS. 13,00,462/- ISSUED BY THE 1ST RESPONDENTDATED 31-12-2019 FOR AN AMOUNT OF RS. 13,00,462/- ISSUED BY THE 1ST RESPONDENT EXHIBIT P3A TRUE COPY OF THE ORDER U/S. 201(1) 201(1A) OF THE INCOME TAX ACT, 1961 ISSUED BY THE 1ST RESPONDENT DATED 31-12-2019 FOR AY 2018-19INCOME TAX ACT, 1961 ISSUED BY THE 1ST RESPONDENT DATED 31-12-2019 FOR AY 2018-19 EXHIBIT P4A TRUE COPY OF THE DEMAND NOTICE FOR AY 2018-19 DATED31-12-2019 FOR AN AMOUNT OF RS. 12,50,801/- ISSUED BYTHE 1ST RESPONDENT31-12-2019 FOR AN AMOUNT OF RS. 12,50,801/- ISSUED BYTHE 1ST RESPONDENT EXHIBIT P5A TRUE COPY OF THE APPEAL FOR AY 2017-18 DATED 29-01-2020 FILED BEFORE THE 2ND RESPONDENT2020 FILED BEFORE THE 2ND RESPONDENT EXHIBIT P6A TRUE COPY OF THE APPEAL FOR AY 2018-19 DATED 29-01-2020 FILED BEFORE THE 2ND RESPONDENT2020 FILED BEFORE THE 2ND RESPONDENT EXHIBIT P3A TRUE COPY OF THE ORDER U/S. 201(1) 201(1A) OF THE INCOME TAX ACT, 1961 ISSUED BY THE 1ST RESPONDENT DATED 31-12-2019 FOR AY 2018-19INCOME TAX ACT, 1961 ISSUED BY THE 1ST RESPONDENT DATED 31-12-2019 FOR AY 2018-19 EXHIBIT P4A TRUE COPY OF THE DEMAND NOTICE FOR AY 2018-19 DATED31-12-2019 FOR AN AMOUNT OF RS. 12,50,801/- ISSUED BYTHE 1ST RESPONDENT31-12-2019 FOR AN AMOUNT OF RS. 12,50,801/- ISSUED BYTHE 1ST RESPONDENT EXHIBIT P5A TRUE COPY OF THE APPEAL FOR AY 2017-18 DATED 29-01-2020 FILED BEFORE THE 2ND RESPONDENT2020 FILED BEFORE THE 2ND RESPONDENT EXHIBIT P6A TRUE COPY OF THE APPEAL FOR AY 2018-19 DATED 29-01-2020 FILED BEFORE THE 2ND RESPONDENT2020 FILED BEFORE THE 2ND RESPONDENT EXHIBIT P7A TRUE COPY OF THE STATUTORY STAY PETITION FOR FY 2017-18 DATED 03-02-2020 BEFORE THE 1ST RESPONDENT U/S 220(6)2017-18 DATED 03-02-2020 BEFORE THE 1ST RESPONDENT U/S 220(6) EXHIBIT P8A TRUE COPY OF THE ORDER FOR 2017-18 DATED 17-03-2019ISSUED BY THE 1ST RESPONDENTISSUED BY THE 1ST RESPONDENT EXHIBIT P9A TRUE COPY OF THE ORDER FOR 2018-19 DATED 17-03-2019ISSUED BY THE 1ST RESPONDENT.ISSUED BY THE 1ST RESPONDENT. EXHIBIT P10A TRUE COPY OF THE STAY PETITION FOR AY 2017-18 FILEDBEFORE THE 2ND RESPONDENT DATED 24/07/2020.BEFORE THE 2ND RESPONDENT DATED 24/07/2020. EXHIBIT P11A TRUE COPY OF THE STAY PETITION FOR AY 2018-19 FILEDBEFORE THE 2ND RESPONDENT DATED 24/07/2020.BEFORE THE 2ND RESPONDENT DATED 24/07/2020. RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE