Wp(C)/29306/2019 Of Kerala Kera Karshaka Sahakarana Federation Ltd v. The Deputy / Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 01ST DAY OF NOVEMBER 2019 / 10TH KARTHIKA, 1941 WP(C).No.29306 OF 2019(K) PETITIONER: KERALA KERA KARSHAKA SAHAKARANA FEDERATION LTDKERA TOWER, KERA FED, KERA WATER WORKS COMPOUND VELLAYAMBALAM, THIRUVANANTHAPURAM-695 03 REPRESENTED BY ITS MANAGING DIRECTOR, SHRI N.RAVI KUMAR. BY ADVS.SRI.T.M.SREEDHARAN (SR.)SMT.NISHA JOHNSRI.V.P.NARAYANAN RESPONDENTS: 1THE DEPUTY / ASSISTANT COMMISSIONER OF INCOME TAXCIRCLE 2(1), AYAKKAR BHAWAN, KOWDIAR P.O., THIRUVANANTHAPURAM-695 003. 2THE COMMISSIONER OF INCOME TAX (APPEALS)AAYAKAR BHAWAN, KOWDIAR, THIRUVANANTHAPURAM-695 005.AAYAKAR BHAWAN, KOWDIAR, THIRUVANANTHAPURAM-695 005. 3THE MANAGERINDIAN OVERSEAS BANK, THYCAUD BRANCH, GEETH TOWER, OPPOSITE W AND C HOSPITAL, THYCAUD, THIRUVANANTHAPURAM-695 014. OTHER PRESENT: SC, CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON01.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 JUDGMENT Against Ext.P1 assessment order under the Income Tax Act, thepetitioner has preferred Ext.P2 appeal together with Ext. P2(a) stay petitionbefore the 2[nd] respondent. Ext.P4 is the Garnishee notice received from oneof the Banks, where the petitioner maintains its accounts. It is the case of thepetitioner that even prior to considering the stay petition, recovery steps aretaken by the respondents against the petitioner for recovery of the amountsconfirmed by Ext.P1 assessment order. 2. I have heard the learned counsel appearing for the petitionerand also the learned Government Pleader appearing for the respondents. On a consideration of the facts and circumstances of the case asalso the submissions made across the Bar, I dispose the writ petition with thefollowing directions: 1. The 2[nd] respondent to consider and pass reasoned orders onExt. P2(a) stay petition within a period of two months from thedate of receipt of a copy of this judgment, after hearing thepetitioner. 2. Recovery steps for recovery of amounts confirmed againstthe petitioner by Ext.P1 assessment order including furtherproceedings pursuant to Ext.P4 notice, shall be kept inabeyance till such time as orders are passed by the 2[nd]respondent as directed above and communicated to thepetitioner. It is made clear that during the period when the stay 3 granted by this Court in operation, the petitioner will bepermitted to operate the Bank account mentioned in Ext.P4. 3.The petitioner shall produce a copy of the writ petitiontogether with a copy of this judgment, before the 2[nd]respondent, for further action. SJ SD/- A.K.JAYASANKARAN NAMBIARJUDGE 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1TRUE COY OF THE ASSESSMENT ORDER DATED 14.8.2019 PASSED BY THE IST RESPONDENT ALONG WITH DEMAND NOTICE AND COMPUTATION OFINCOME.14.8.2019 PASSED BY THE IST RESPONDENT ALONG WITH DEMAND NOTICE AND COMPUTATION OFINCOME. EXHIBIT P2TRUE COPY OF MEMORANDUM OF APPEAL DATED 3.9.2019 E-FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.3.9.2019 E-FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P2 ATRUE COPY OF THE STAY PETITION DATED 26.8.2019 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.26.8.2019 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P3TRUE COPY OF THE APPLICATION DATED 3.10.2019 SUBMITTED BY THE PETITIONER U/S 200(6) BEFORE THE IST RESPONDENT.3.10.2019 SUBMITTED BY THE PETITIONER U/S 200(6) BEFORE THE IST RESPONDENT. EXHIBIT P4TRUE COPY OF THE GARNISHEE PROCEEDINGS DATED 29.10.2019 ISSUED BY THE IST RESPONDENT TO THE 3RD RESPONDENT BANK.DATED 29.10.2019 ISSUED BY THE IST RESPONDENT TO THE 3RD RESPONDENT BANK. EXHIBIT P2TRUE COPY OF MEMORANDUM OF APPEAL DATED 3.9.2019 E-FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.3.9.2019 E-FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P2 ATRUE COPY OF THE STAY PETITION DATED 26.8.2019 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.26.8.2019 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P3TRUE COPY OF THE APPLICATION DATED 3.10.2019 SUBMITTED BY THE PETITIONER U/S 200(6) BEFORE THE IST RESPONDENT.3.10.2019 SUBMITTED BY THE PETITIONER U/S 200(6) BEFORE THE IST RESPONDENT. EXHIBIT P4TRUE COPY OF THE GARNISHEE PROCEEDINGS DATED 29.10.2019 ISSUED BY THE IST RESPONDENT TO THE 3RD RESPONDENT BANK.DATED 29.10.2019 ISSUED BY THE IST RESPONDENT TO THE 3RD RESPONDENT BANK. EXHIBIT P5COPY OF LIST OF THE BRANCHDS OF THE STATE BANK OF INDIA LOCATED IN DIFFERENT PALACES TO WHOM RECOVERY NOTICES ARE COMMUNICATED.BANK OF INDIA LOCATED IN DIFFERENT PALACES TO WHOM RECOVERY NOTICES ARE COMMUNICATED.