Wp(C)/31174/2023 Of Peroorkada Service Co-Operative Bank Limited v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH MONDAY, THE 25 DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945WP(C) NO. 31174 OF 2023 PETITIONER: PEROORKADA SERVICE CO-OPERATIVE BANK LIMITEDNO.T.1412, PEROORKADA P.O, THIRUVANANTHAPURAM DISTRICT,KERALA, PIN – 965 005 REPRESENTED BY ITS SECRETARY. BY ADV C.A.JOJO RESPONDENTS: 1THE INCOME TAX OFFICERINCOME TAX OFFICE, WARD-2(1), KOWDIAR, TRIVANDRUM, PIN – 695 003.INCOME TAX OFFICE, WARD-2(1), KOWDIAR, TRIVANDRUM, PIN – 695 003. 2COMMISSIONER OF INCOME TAX (APPEALS)-1OFFIE OF THE COMMISSIONER OF INCOME TAX (APPEALS), TRIVANDRUM, PIN – 695 003. 3THE COMMISSIONER OF INCOME TAX (APPEALS)NATIONAL FACELESS ASSESSMENT CENTRE, NORTH BLOCK, NEW DELHI-110001, PIN – 110 001. 4ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL 1ST FLOOR, BLOCK C-I & C II, KENDRIYA BHAVAN, KAKKANAD, PIN – 682 037. OTHER PRESENT: CHRISTOPHER ABRAHAM-SC-IT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON25.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DINESH KUMAR SINGH, J. -------------------------------------------- WP(C) NO. 31174 OF 2023 -------------------------------------------- Dated this the 25[th] day of September, 2023 J U D G M E N T 1.The present Writ Petition has been filedby the petitioner interalia questioning the stepstaken in pursuance to Ext.P6 and Ext.P9 forrecovery of assessment tax of Rs.45,32,05,847/-. 2.The petitioner claims to be a Co-operativeSociety, registered under the provisions of KeralaCo-operative Societies Act, 1969. The petitionerhas filed appeal against Ext.P3 assessment orderdated 02.02.2022 for the assessment year 2013-2014 before the appellate authority, without anyapplication for interim stay. The assessingauthority, through Ext.P3 assessment order hasallowed deduction under Section 80P for an amount of Rs.50,08,06,922/- and total income assessed for Tax is Rs.44,77,32,810/-. The totaldemand payable is 31,51,58,528/- in respect of theassessment year 2013-2014. 3. The learned counsel for the petitioner submits that in the subsequent year also there isdemand. Considering the facts that the petitionerhas already approached the appellate authority,this Court does not find this Writ Petition asmaintainable. Petitioner’s appeal in respect of theassessment orders shall be considered by theappellate authority. 4.The learned counsel for the petitionersubmits that the petitioner will file a stayapplication in the pending appeal and this Courtmay direct the appellate authority to consider thestay application of the petitioner expeditiously.application in the pending appeal and this Courtmay direct the appellate authority to consider thestay application of the petitioner expeditiously. The learned counsel for the petitioner 5.Considering the aforesaid prayer and submission of the learned counsel for the petitioner, this writ petition is disposed of, givingliberty to the petitioner to file a stay application within a period of 2 days from today. The appellate authority should consider Ext.P5 appealand stay application as expeditiously in accordancewith law and pass appropriate order within aperiod of one month. 6. With the aforesaid direction, the WritPetition is disposed of. rpr Sd/- DINESH KUMAR SINGHJUDGE APPENDIX OF WP(C) 31174/2023 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE ITAT ORDER IN ITA NO. 47/COCH/2019, ITA NO.141/COCH/2019, ITA NO.93/COCH/2018 AND ITA NO.400/COCH/2018 DATED 26.06.201947/COCH/2019, ITA NO.141/COCH/2019, ITA NO.93/COCH/2018 AND ITA NO.400/COCH/2018 DATED 26.06.2019 Exhibit P2A TRUE COPY OF THE PETITION FOR RECTIFICATIONOF MISTAKE APPARENT FROM RECORDS U/S 254 DATED 19.05.2023OF MISTAKE APPARENT FROM RECORDS U/S 254 DATED 19.05.2023 appellate authority should consider Ext.P5 appealand stay application as expeditiously in accordancewith law and pass appropriate order within aperiod of one month. 6. With the aforesaid direction, the WritPetition is disposed of. rpr Sd/- DINESH KUMAR SINGHJUDGE APPENDIX OF WP(C) 31174/2023 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE ITAT ORDER IN ITA NO. 47/COCH/2019, ITA NO.141/COCH/2019, ITA NO.93/COCH/2018 AND ITA NO.400/COCH/2018 DATED 26.06.201947/COCH/2019, ITA NO.141/COCH/2019, ITA NO.93/COCH/2018 AND ITA NO.400/COCH/2018 DATED 26.06.2019 Exhibit P2A TRUE COPY OF THE PETITION FOR RECTIFICATIONOF MISTAKE APPARENT FROM RECORDS U/S 254 DATED 19.05.2023OF MISTAKE APPARENT FROM RECORDS U/S 254 DATED 19.05.2023 Exhibit P3A TRUE COPY OF THE DEMAND NOTICE AND ASSESSMENT ORDER ISSUED BY THE 2ND RESPONDENTDATED 02.02.2022ASSESSMENT ORDER ISSUED BY THE 2ND RESPONDENTDATED 02.02.2022 Exhibit P4A TRUE COPY OF THE ORDER GIVING EFFECT TO THEORDER OF CIT (APPEALS) U/S 250 ISSUED BY THE 2ND RESPONDENT DATED 17.04.2023ORDER OF CIT (APPEALS) U/S 250 ISSUED BY THE 2ND RESPONDENT DATED 17.04.2023 Exhibit P5A TRUE COPY OF THE APPEAL SUBMITTED BEFORE THE 3RD RESPONDENT DATED 14.08.2023THE 3RD RESPONDENT DATED 14.08.2023 Exhibit P6A TRUE COPY OF THE LETTER OF DEMAND ISSUED BYTHE 1ST RESPONDENT DATED 12.09.2023THE 1ST RESPONDENT DATED 12.09.2023 Exhibit 7A TRUE COPY OF THE REPLY LETTER SUBMITTED BEFORE THE 1ST RESPONDENT DATED 15.09.2023BEFORE THE 1ST RESPONDENT DATED 15.09.2023 Exhibit P8A TRUE COPY OF THE PETITION FOR RECTIFICATIONOF MISTAKE APPARENT FROM RECORDS DATED 06.05.2023OF MISTAKE APPARENT FROM RECORDS DATED 06.05.2023 Exhibit P9A TRUE COPY OF THE LETTER OF DEMAND ISSUED BYTHE 1ST RESPONDENT DATED 12.09.2023THE 1ST RESPONDENT DATED 12.09.2023 Exhibit P10A TRUE COPY OF THE REPLY LETTER SUBMITTED BEFORE THE 1ST RESPONDENT DATED 15.09.2023BEFORE THE 1ST RESPONDENT DATED 15.09.2023