Wp(C)/31891/2015 Of Manampoor Service Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 20TH DAY OF OCTOBER 2015/28TH ASWINA, 1937 WP(C).No. 31891 of 2015 (J) --------------------------------------- PETITIONER(S):----------------------- MANAMPOOR SERVICE CO-OPERATIVE BANK LTD.NO. 2825, REPRESENTED BY ITS SECRETARY, MANAMBUR P.O., KALLAMABALAM, THIRUVANANTHAPURAM DISTRICT - 695 611. BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR SRI.ARJUN RAGHAVAN SRI.ADITHYA RAJEEV RESPONDENT(S):-------------------------- 1. THE INCOME TAX OFFICER, WARD-2(5), OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, RANGE-2, AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM DISTRICT - 695 003. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), THIRUVANANTHAPURAM - 695 003. BY ADV. SRI.K.M.V.PANDALAI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31891 of 2015 (J) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS: -------------------------------------- EXT.P1: A TRUE COPY OF THE CERTIFICATE DTD.12.10.2015, ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM. REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM. EXT.P2: A TRUE COPY OF THE RELEVANT PAGES OF THE BYELAWS OF THE PETITIONER SOCIETY. PETITIONER SOCIETY. EXT.P3: A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2008-2009 DTD.22.3.2014. DTD.22.3.2014. EXT.P4: A TRUE COPY OF THE NOTICE ISSUED BY THE INCOME TAX OFFICER, WARD 2(3) DTD.22.3.22014. WARD 2(3) DTD.22.3.22014. EXT.P5: A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2013-14 DTD.31.8.2015. DTD.31.8.2015. EXT.P6: A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DTD.31.8.2015. DTD.31.8.2015. EXT.P7: A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT.P3 ASSESSMENT ORDER ALONG WITH COVERING LETTER DTD.02-04-2014. ASSESSMENT ORDER ALONG WITH COVERING LETTER DTD.02-04-2014. EXT.P7: A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT.P5 ASSESSMENT ORDER ALONG WITH COVERING LETTER DTD.28.9.2015. ASSESSMENT ORDER ALONG WITH COVERING LETTER DTD.28.9.2015. EXT.P9: A TRUE COPY OF THE NOTICE NO.AAAAM5969P/WARD 2(5)/TVM ISSUED BY THE 1ST RESPONDENT DTD.9.9.2015. THE 1ST RESPONDENT DTD.9.9.2015. EXT.P10: A TRUE COPY OF THE STAY PETITION DTD.14.10.2015, FILED BY THE PETITIONER IN EXT.P7 APPEAL. PETITIONER IN EXT.P7 APPEAL. EXT.P11: A TRUE COPY OF STAY PETITION DTD.25.9.2015, FILED BY THE PETITIONER IN EXT.P8 APPEAL. IN EXT.P8 APPEAL. EXT.P12: A TRUE COPY OF THE INTERIM ORDER DTD.30.9.2014 IN IA.NO.2364/2014 IN ITA NO.188/2014. ITA NO.188/2014. EXT.P13: A TRUE COPY OF THE JUDGMENT DTD.30.3.2015 IN WP(C NO.10360 OF 2015. OF 2015. RESPONDENT(S)' EXHIBITS: ----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. .............................................................W.P.(C).No.31891 of 2015 .............................................................Dated this the 20[th] day of October, 2015 J U D G M E N T Against Exts.P3 and P5 assessment orders under the IncomeTax Act, the petitioner has preferred Exts.P7 and P8 appeals andExts.P10 and P11 stay petitions before the 2[nd] respondent. It is thecase of the petitioner that even prior to considering the staypetition, recovery steps are sought to be pursued for recovery ofthe amounts confirmed by Exts.P3 and P5 assessment orders. 2. I have heard the learned counsel for the petitioner andalso the learned Standing counsel for the respondents. 3. On a consideration of the facts and circumstances of thecase as also the submissions made across the Bar, I dispose thewrit petition with the following directions: .............................................................Dated this the 20[th] day of October, 2015 J U D G M E N T Against Exts.P3 and P5 assessment orders under the IncomeTax Act, the petitioner has preferred Exts.P7 and P8 appeals andExts.P10 and P11 stay petitions before the 2[nd] respondent. It is thecase of the petitioner that even prior to considering the staypetition, recovery steps are sought to be pursued for recovery ofthe amounts confirmed by Exts.P3 and P5 assessment orders. 2. I have heard the learned counsel for the petitioner andalso the learned Standing counsel for the respondents. 3. On a consideration of the facts and circumstances of thecase as also the submissions made across the Bar, I dispose thewrit petition with the following directions: i. The 2[nd] respondent shall consider and passorders on Exts.P10 and P11 stay petitionswithin a period of two months from the date ofreceipt of a copy of this judgment, afterhearing the petitioner. ii. Recovery steps for recovery of amountsconfirmed against petitioner by Exts.P3 and P5 assessment orders shall be kept inabeyance till orders are passed by the 2[nd]respondentasdirectedaboveandcommunicated to the petitioner. The petitionershall produce a copy of the writ petition alongwith a copy of this judgment before the 2[nd]respondent for further action. iii. The order to be passed by the 2[nd]respondent shall be a reasoned one advertingto the contentions of the petitioner regardingexistence of a prima facie case for a stay ofrecovery pending disposal of the appeal. A.K.JAYASANKARAN NAMBIAR JUDGE