Wp(C)/22182/2019 Of Meloor Service Co-Operative Bank Limited v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 14TH DAY OF AUGUST 2019 / 23RD SRAVANA, 1941WP(C).No.22182 OF 2019(W) PETITIONER/S: MELOOR SERVICE CO-OPERATIVE BANK LIMITED,NO.R-196, REPRESENTED BY ITS SECRETARY, SINDHU M., AGED 44 YEARS, W/O.RAJEEV C.K., MELOOR P.O., THRISSURDISTRICT, PIN - 680 311. BY ADVS.SRI.C.A.JOJOSRI.JACOB CHACKOSRI.MATHEWS JOSEPHSMT.SWATHY S. RESPONDENT/S: 1THE INCOME TAX OFFICER,WARD 2 (3), AYAKAR BHAVAN, NEAR SAKTHAN STAND, THRISSUR - 680 001.2THE COMMISSIONER OF INCOME TAX (APPEALS),AYAKAR BHAVAN, NEAR SAKTHAN STAND, THRISSUR - 680 001. 3THE PRINCIPAL COMMISSIONER OF INCOME TAX,AYAKAR BHAVAN, NEAR SAKTHAN STAND, THRISSUR - 680 001. OTHER PRESENT: CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON14.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 14th day of August 2019 The petitioner, who is a primary Credit Societyregistered under the Kerala Co-operative Societies Acthas approached this Court seeking directions to therespondents to keep Ext.P23 demand in abeyance, tillfinal disposal of Exts.P3, P8, P12, P17 and P21 appeals. 2.The learned counsel for the petitioner submitsthat the issue has been considered in Ext.P24 by theDivision Bench of this Court and it has been orderedthat the appeals are liable to be considered anddisposed of before proceeding with the realization ofamounts due as per the assessment orders. In the above view of the matter, there will be adirection to the 2[nd] respondent to take up, consider andpass final orders in Exts.P3, P8, P12, P17 and P21appeals before proceeding with coercive steps asagainst the petitioner on the basis of Ext.P23 letterof demand as expeditiously as possible. Sd/- ANU SIVARAMAN, JUDG APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1A TRUE COPY OF THE ASSESSMENT ORDER DATED 28/12/2018 ISSUED BY THE FIRST RESPONDENT.28/12/2018 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P2A TRUE COPY OF THE DEMAND NOTICE DATED 28/12/2018 ISSUED BY THE FIRST RESPONDENT.28/12/2018 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P3A TRUE COPY OF THE APPEAL NO.AY 2016-17 DATED 26/01/2019 FILED BEFORE THE 2ND RESPONDENT.DATED 26/01/2019 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P4A TRUE COPY OF THE STATUTORY APPLICATION U/S 220(6) BEFORE THE 1ST RESPONDENT DATED 19/07/2019.U/S 220(6) BEFORE THE 1ST RESPONDENT DATED 19/07/2019. EXHIBIT P5A TRUE COPY OF THE RECOVERY NOTICE ISSUED BY THE 1ST RESPONDENT DATED 25/07/2019.BY THE 1ST RESPONDENT DATED 25/07/2019. EXHIBIT P6A TRUE COPY OF THE ASSESSMENT ORDER FOR AY 2015-16 DATED 30/11/2017 ISSUED BY THE 1ST RESPONDENT.2015-16 DATED 30/11/2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P7A TRUE COPY OF THE DEMAND NOTICE FOR AY 2015-16 DATED 30/11/2017 ISSUED BY THE 1ST RESPONDENT.2015-16 DATED 30/11/2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P8A TRUE COPY OF THE APPEAL FOR AY 2015-16 DATED 22/01/2018 FILED BEFORE THE 2ND RESPONDENT.DATED 22/01/2018 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P9A TRUE COPY OF THE STATUTORY APPLICATION U/S.220(6) BEFORE THE 1ST RESPONDENT DATED 06/08/2019.U/S.220(6) BEFORE THE 1ST RESPONDENT DATED 06/08/2019. EXHIBIT P10A TRUE COPY OF THE ASSESSMENT ORDER DATED 28/12/2018 ISSUED BY THE 1ST RESPONDENT.28/12/2018 ISSUED BY THE 1ST RESPONDENT.EXHIBIT P11A TRUE COPY OF THE DEMAND NOTICE DATED 08/11/2017 ISSUED BY THE 1ST RESPONDENT.08/11/2017 ISSUED BY THE 1ST RESPONDENT.EXHIBIT P12A TRUE COPY OF THE APPEAL FOR AY 2010-11 DATED 05/08/2019 FILED BEFORE THE 2ND RESPONDENT.DATED 05/08/2019 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P13A TRUE COPY OF THE STATUTORY APPLICATION U/S 220(6) BEFORE THE 1ST RESPONDENT DATED 06/08/2019.U/S 220(6) BEFORE THE 1ST RESPONDENT DATED 06/08/2019. WP(C).No.22182 OF 2019(W) EXHIBIT P9A TRUE COPY OF THE STATUTORY APPLICATION U/S.220(6) BEFORE THE 1ST RESPONDENT DATED 06/08/2019.U/S.220(6) BEFORE THE 1ST RESPONDENT DATED 06/08/2019. EXHIBIT P10A TRUE COPY OF THE ASSESSMENT ORDER DATED 28/12/2018 ISSUED BY THE 1ST RESPONDENT.28/12/2018 ISSUED BY THE 1ST RESPONDENT.EXHIBIT P11A TRUE COPY OF THE DEMAND NOTICE DATED 08/11/2017 ISSUED BY THE 1ST RESPONDENT.08/11/2017 ISSUED BY THE 1ST RESPONDENT.EXHIBIT P12A TRUE COPY OF THE APPEAL FOR AY 2010-11 DATED 05/08/2019 FILED BEFORE THE 2ND RESPONDENT.DATED 05/08/2019 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P13A TRUE COPY OF THE STATUTORY APPLICATION U/S 220(6) BEFORE THE 1ST RESPONDENT DATED 06/08/2019.U/S 220(6) BEFORE THE 1ST RESPONDENT DATED 06/08/2019. WP(C).No.22182 OF 2019(W) EXHIBIT P14A TRUE COPY OF THE ASSESSMENT ORDER DATED 11/11/2016 ISSUED BY THE 1ST RESPONDENT.11/11/2016 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P15 A TRUE COPY OF THE RECTIFICATION ORDER U/S 154 DATED 31/08/2018 ISSUED BY THE 1ST RESPONDENT.154 DATED 31/08/2018 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P16A TRUE COPY OF THE NEW DEMAND NOTICE DATED 31/08/2018 FOR AN AMOUNT OF RS.86,76,280/- ISSUED BY THE 1ST RESPONDENT.31/08/2018 FOR AN AMOUNT OF RS.86,76,280/- ISSUED BY THE 1ST RESPONDENT. EXHIBIT P17A TRUE COPY OF THE APPEAL FOR AY 2009-10 DATED 25/01/2017 FILED BEFORE THE 2ND RESPONDENT.DATED 25/01/2017 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P18A TRUE COPY OF THE STATUTORY APPLICATION U/S 220(6) BEFORE THE 1ST RESPONDENT DATED 06/08/2019.U/S 220(6) BEFORE THE 1ST RESPONDENT DATED 06/08/2019. EXHIBIT P19A TRUE COPY OF THE ASSESSMENT ORDER DATED NIL ISSUED BY THE 1ST RESPONDENT.NIL ISSUED BY THE 1ST RESPONDENT. EXHIBIT P20A TRUE COPY OF THE DEMAND NOTICE DATED 10/03/2016 ISSUED BY THE 1ST RESPONDENT.10/03/2016 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P21 A TRUE COPY OF THE STATUTORY APPEAL BEFORE THE 1ST RESPONDENT DATED 04/04/2016.THE 1ST RESPONDENT DATED 04/04/2016. EXHIBIT P22A TRUE COPY OF THE STATUTORY APPLICATION U/S 220(6) BEFORE THE 1ST RESPONDENT DATED 06/08/2019.U/S 220(6) BEFORE THE 1ST RESPONDENT DATED 06/08/2019. EXHIBIT P23A TRUE COPY OF THE NOTICE DATED 24/07/2019 ISSUED BY THE 1ST RESPONDENT.ISSUED BY THE 1ST RESPONDENT. EXHIBIT P24A TRUE COPY OF THE JUDGMENT IN WA NO.1536/2019 DATED 01/07/2019.NO.1536/2019 DATED 01/07/2019.