Wp(C)/31648/2023 Of Kadavalloor Service Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGHWEDNESDAY, THE 27 DAY OF SEPTEMBER 2023 / 5TH ASWINA, 1945 WP(C) NO. 31648 OF 2023 PETITIONER: KADAVALLOOR SERVICE CO-OPERATIVE BANK LTD. NO. 3821 KADAVALLOOR, P.O.KADAVALLUR THRISSUR DISTRICT , REPRESENTED BY ITS SECRETARY., PIN - 680543 BY ADV P.C.SASIDHARAN RESPONDENTS: 1THE INCOME TAX OFFICER WARD I & TPS, INCOME TAX OFFICE, CITY PLAZA, WEST NADA, GURUVAYOOR, PIN - 680101 2STATE BANK OF INDIA PERUMPILAVU BRANCH, TRIVENI PLAZA, PERUMPILAVU, THRISSUR, PIN - 680519 ADV.A. KUMAR- SBI ADV.JOSE JOSEPH – INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON27.09.2023, ALONG WITH WP(C).31660/2023, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH WEDNESDAY, THE 27 DAY OF SEPTEMBER 2023 / 5TH ASWINA, 1945WP(C) NO. 31660 OF 2023 PETITIONER: KADAVALLOOR SERVICE CO-OPERATIVE BANK LTD. NO. 3821KADAVALLOOR, P.O.KADAVALLUR THRISSUR DISTRICT REPRESENTED BY ITS SECRETARY., PIN - 680543 BY ADV P.C.SASIDHARAN RESPONDENTS: 1THE INCOME TAX OFFICER WARD I & TPS, INCOME TAX OFFICE, CITY PLAZA, WEST NADA, GURUVAYOOR, PIN - 680101 2STATE BANK OF INDIAPERUMPILAVU BRANCH, TRIVENI PLAZA, PERUMPILAVU, THRISSUR, PIN - 680519PERUMPILAVU BRANCH, TRIVENI PLAZA, PERUMPILAVU, THRISSUR, PIN - 680519 ADV.A. KUMAR- SBI ADV.JOSE JOSEPH – INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON27.09.2023, ALONG WITH WP(C).31648/2023, THE COURT ON THE SAMEDAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 27[th] day of September, 2023 1. These writ petitions have been filed under Article226 of the Constitution of India by the petitioner, anAgricultural Credit Co-operative Society. Ext.P1assessment order dated 31.12.2015 in W.P.(C.)No.31648/2023 was passed regarding the income of thepetitioner for the assessment year 2008-2009 underSection 144 of the Income Tax Act, 1961. The petitioner’stotal income was assessed as Rs.1,15,140/-. Therefore,penalty proceedings under Sections 271F, 271B and 271(1)(C) was separately initiated. 2.In W.P.(C.) No.31660/2023 Ext.P1 order waspassed on 19.11.2018 under Section 143(3) read withSection 147 for the assessment year 2010-11, assessingthe the petitioner’s total income was assessed asRs.30,08,820/- on which tax and interest as Rs.26,87,180/-were levied. The petitioner challenged the assessmentorders before the Commissioner of Income Tax Appeals.The Appellate Authority has dismissed the appeals. Against the dismissal of the same, petitioner has filedappeals under Section 253 before the Income TaxAppellate Tribunal as Exts.P5 and P6 in respect of theassessment year 2008-9 and 2010-11 respectively.However, the petitioner has not been granted anyinterim order and garnishee notices were issued by theDepartment and the petitioner’s bank account in theState Bank of India was attached. 3.Learned Standing Counsel for the State Bankof India submits that the bank has already remitted anamount of Rs.27,77,170/- in respect of the garnisheenotices to the Department in respect of both assessmentyears. 4.Considering the fact that the tax amount hasalready been realised from the account of the petitionermaintained in the State Bank of India, this Court cannotdirect to refund of the tax amount and therefore, thepresent writ petitions are disposed of with a direction tothe Income Tax Appellate Tribunal to dispose of thepending appeals filed by the petitioner, expeditiously, WPC Nos.31648 & 31660 of 2023 preferably within a period of three months from the date of receipt of a copy of this judgment. Sd/- AP DINESH KUMAR SINGH JUDGE WPC Nos.31648 & 31660 of 2023 4.Considering the fact that the tax amount hasalready been realised from the account of the petitionermaintained in the State Bank of India, this Court cannotdirect to refund of the tax amount and therefore, thepresent writ petitions are disposed of with a direction tothe Income Tax Appellate Tribunal to dispose of thepending appeals filed by the petitioner, expeditiously, WPC Nos.31648 & 31660 of 2023 preferably within a period of three months from the date of receipt of a copy of this judgment. Sd/- AP DINESH KUMAR SINGH JUDGE WPC Nos.31648 & 31660 of 2023 APPENDIX OF WP(C) 31648/2023 PETITIONER EXHIBITS Exhibit P1THE TRUE COPY OF THE ASSESSMENT ORDER DATED31/12/2015 ALONG WITH THE STATEMENT OF CALCULATIONExhibit P2THE TRUE COPY OF THE DEMAND NOTICE DATED 31/12/2015Exhibit P3THE TRUE COPY OF THE APPEAL MEMORANDUM DATED 03/02/2016Exhibit P4THE TRUE COPY OF THE ORDER DATED 29/5/2023 ISSUED BY THE COMMISSIONER OF INCOME TAX (APPEALS)Exhibit P5THE TRUE COPY OF THE APPEAL DATED 6/9/2023 FILED BY THE PETITIONER BEFORE THE INCOME TAX APPELLATE TRIBUNALExhibit P6THE TRUE COPY OF THE ACKNOWLEDGEMENT OF E-FILING OF INCOME TAX APPEAL DATED 7/9/2023Exhibit P7THE TRUE COPY OF THE STAY PETITION DATED 19/9/2023 FILED BY THE PETITIONER BEFORE THE APPELLATE TRIBUNALExhibit P8THE TRUE COPY OF THE ACKNOWLEDGEMENT OF E-FILING OF STAY APPLICATION DATED 19/9/2023Exhibit P9THE TRUE COPY OF THE PETITION DATED 21/9/2023 FILED BY THE PETITIONER BEFORE THE APPELLATE TRIBUNALExhibit P10THE TRUE COPY OF THE NOTICE DATED 18/9/2023ISSUED BY THE 1ST RESPONDENTExhibit P11THE TRUE COPY OF THE STATEMENT OF ACCOUNTS FURNISHED BY THE 2ND RESPONDENTExhibit P12THE TRUE COPY OF THE JUDGMENT DATED 20/01/2020 IN W.A.NO. 2488 OF 2019Exhibit P13THE TRUE COPY OF THE JUDGMENT IN W.P(C).NO.8822/2020 DATED 23/03/2020 APPENDIX OF WP(C) 31660/2023