Wp(C)/2907/2013 Of Federal Bank Ltd v. The Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC THURSDAY, THE 31ST DAY OF JANUARY 2013/11TH MAGHA 1934 WP(C).No. 2907 of 2013 (K) -------------------------- PETITIONER(S): -------------------------- FEDERAL BANK LIMITED., ALUVA,REPRESENTED BY ITS MANAGING DIRECTOR & CEO, MR. SHYAM SRINIVASAN. BY SRI.JOSEPH MARKOSE,SENIOR ADVOCATE BY ADVS. SRI.V.ABRAHAM MARKOS SRI.MATHEWS K.UTHUPPACHAN SRI.BINU MATHEW SRI.TERRY V.JAMES SRI.TOM THOMAS (KAKKUZHIYIL) RESPONDENT(S):---------------------------- 1.THE DEPUTY COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX,CIRCLE 4(2), INCOME TAX OFFICES,CENTRAL REVENUE BUILDING, I.S PRESS ROAD,KOCHI 682 018. 2.THE COMMISSIONER OF INCOME TAX (APPEALS),2ND FLOOR, SAN JUAN TOWERS,OLD RAILWAY STATION ROAD, KOCHI - 682 018. R1 & R2 BY ADV. SRI.JOSE JOSEPH, SC, INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.2907/2013 K APPENDIX PETITIONER'S EXHIBITS: P1:COPY OF ASSESSMENT ORDER DTD. 30/12/2010 FOR ASSESSMENT YEAR 2003-04.YEAR 2003-04. P2:COPY OF ASSESSMENT ORDER DTD. 30/12/2010 FOR ASSESSMENT YEAR 2005-06.YEAR 2005-06. P3:COPY OF ASSESSMENT ORDER DTD. 29/12/2010 FOR ASSESSMENT YEAR 2006-07.YEAR 2006-07. P4:COPY OF ASSESSMENT ORDER DTD. 31/12/2009 FOR ASSESSMENT YEAR 2007-08.YEAR 2007-08. P5:COPY OF ASSESSMENT ORDER DTD. 09/12/2010 FOR ASSESSMENT YEAR 2008-09.YEAR 2008-09. P6:COPY OF ASSESSMENT ORDER DTD. 30/12/2011 FOR ASSESSMENT YEAR 2009-10.YEAR 2009-10. P7:COPY OF APPEAL DTD. 25/01/2011 FOR ASSESSMENT YEAR 2003-04 FILED BEFORE THE 2ND RESPONDENT.FILED BEFORE THE 2ND RESPONDENT. P8:COPY OF APPEAL DTD. 25/01/2011 FOR ASSESSMENT YEAR 2005-06 FILED BEFORE THE 2ND RESPONDENT.FILED BEFORE THE 2ND RESPONDENT. P9:COPY OF APPEAL DTD. 25/01/2011 FOR ASSESSMENT YEAR 2006-07FILED BEFORE THE 2ND RESPONDENT.FILED BEFORE THE 2ND RESPONDENT. P10:COPY OF APPEAL DTD. 25/01/2010 FOR ASSESSMENT YEAR 2007-08FILED BEFORE THE 2ND RESPONDENT.FILED BEFORE THE 2ND RESPONDENT. P11:COPY OF APPEAL DTD. 11/01/2011 FOR ASSESSMENT YEAR 2008-09FILED BEFORE THE 2ND RESPONDENT.FILED BEFORE THE 2ND RESPONDENT. P12:COPY OF APPEAL DTD. 25/01/2012 FOR ASSESSMENT YEAR 2009-10FILED BEFORE THE 2ND RESPONDENT.FILED BEFORE THE 2ND RESPONDENT. Kss WPC.NO.2907/2013 K P13:COPY OF STAY PETITION DTD. 13/01/2011 FOR ASSESSMENT YEAR 2003-04. P14:COPY OF STAY PETITION DTD. 13/01/2011 FOR ASSESSMENT YEAR 2005-06. P15:COPY OF STAY PETITION DTD. 13/01/2011 FOR ASSESSMENT YEAR 2006-07. P16:COPY OF STAY PETITION DTD. 13/01/2011 FOR ASSESSMENT YEAR 2007-08. P17:COPY OF STAY PETITION DTD. 13/01/2011 FOR ASSESSMENT YEAR 2008-09. P18:COPY OF STAY PETITION DTD. 27/01/2012 FOR ASSESSMENT YEAR 2009-10. P19:COPY OF STAY PETITION DTD. 29/03/2011 PASSED BY THE 1ST RESPONDENT.RESPONDENT. P20 COLLECTIVELY: COPIES OF POSTING NOTICES DTD. 17/03/2010, 6/07/2010,04/012011, 1/05/2011 AND 30/11/2011.04/012011, 1/05/2011 AND 30/11/2011. P21:COPY OF ORDER DTD. 19/01/2012 PASSED BY THE 1ST RESPONDENT. P22:COPY OF THE ORDER DTD. 15/02/2012 PASSED BY THE JOINT COMMISSIONEROF INCOMETAX, RANGE 4, KOCHI.OF INCOMETAX, RANGE 4, KOCHI. P23:COPY OF THE LETTER DTD. 28/06/2012 FROM THE PETITIONER TO THE 1ST RESPONDENT.1ST RESPONDENT. P24:COPY OF THE LETTER DTD. 22/10/2012 FROM THE 1ST RESPONDENT TO THE PETITIONER.TO THE PETITIONER. P25:COPY OF THE LETTER DTD. 25/10/2012 FROM THE PETITIONER TO THE 1ST RESPONDENT.1ST RESPONDENT. P26:COPY OF THE NOTE DTD. 15/01/2013 GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT.1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE ANTONY DOMINIC, J. ------------------------------------------- W.P(C).No.2907 of 2013 ------------------------------------------- P21:COPY OF ORDER DTD. 19/01/2012 PASSED BY THE 1ST RESPONDENT. P22:COPY OF THE ORDER DTD. 15/02/2012 PASSED BY THE JOINT COMMISSIONEROF INCOMETAX, RANGE 4, KOCHI.OF INCOMETAX, RANGE 4, KOCHI. P23:COPY OF THE LETTER DTD. 28/06/2012 FROM THE PETITIONER TO THE 1ST RESPONDENT.1ST RESPONDENT. P24:COPY OF THE LETTER DTD. 22/10/2012 FROM THE 1ST RESPONDENT TO THE PETITIONER.TO THE PETITIONER. P25:COPY OF THE LETTER DTD. 25/10/2012 FROM THE PETITIONER TO THE 1ST RESPONDENT.1ST RESPONDENT. P26:COPY OF THE NOTE DTD. 15/01/2013 GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT.1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE ANTONY DOMINIC, J. ------------------------------------------- W.P(C).No.2907 of 2013 ------------------------------------------- Dated this the 31[st] day of January, 2013 JUDGMENT 1.Heard senior counsel for the petitioner and the standingcounsel for the respondents. counsel for the respondents. 2. Exts.P1 to P6 are the assessment orders under the IncomeTax Act, passed against the petitioner for the assessment years2003-04 and 2005-06 to 2009-10. By these orders, the totalliability fastened on the petitioner is `1,255.65 crores.Aggrieved by these assessment orders, the petitioner has filedExts.P7 to P12 appeals. These appeals are pending. It isstated that in the mean while, pursuant to the orders passedby the first respondent, the petitioner has already remitted`868.98 crores. Despite the substantial payments made, thepetitioner apprehends that coercive action will still be initiatedfor recovery of the balance amount due under the assessmentorders. It is therefore, that this writ petition is filed. WPC.2907/13 3.Evidently, the appeals filed by the petitioner are statutoryappeals. Therefore, I direct the second respondent to considerExts.P7 to P12 appeals with notice to the petitioner asexpeditiously as possible, at any rate, within a period of sixmonths from the date of receipt of a copy of this judgment.appeals. Therefore, I direct the second respondent to considerExts.P7 to P12 appeals with notice to the petitioner asexpeditiously as possible, at any rate, within a period of sixmonths from the date of receipt of a copy of this judgment. 4.In the meanwhile, having regard to the substantial paymentsalready made by the petitioner, I direct that recovery of thebalance amount due under Exts.P1 to P6 assessment orderswill stand stayed. The petitioner will produce a copy of thisjudgment along with copy of the writ petition before thesecond respondent for compliance.already made by the petitioner, I direct that recovery of thebalance amount due under Exts.P1 to P6 assessment orderswill stand stayed. The petitioner will produce a copy of thisjudgment along with copy of the writ petition before thesecond respondent for compliance. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC Judgekkb.1/2.