Wp(C)/32053/2015 Of The Thachanganadam Serviceco-Op.bank Ltd v. The Commissioner Of Income Tax

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. 32053 of 2015 (F) --------------------------------------- PETITIONER(S): ---------------------- THE THACHANGANADAM SERVICECO-OP.BANK LTD NO.10152, THACHANGANADAM P.O., PATTIKKAD (VIA), MALAPPURAM DISTRICT-679325, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): ------------------------- 1. THE COMMISSIONER OF INCOME TAX (APPEALS), AYAKAR BHAVAN, KOZHIKODE-673001. 2. THE INCOME TAX OFFICER, WARD (4), TIRUR-676101. BY 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: PJ --------------------------------------- APPENDIX PETITIONERS' EXHIBITS ------------------------------------ P1:COPY OF THE ASSESSMENT ORDER DATED 7/3/15 ISSUED BY THE R2 P2:COPY OF THE APPEAL DATED 30/3/15 FILED BEFORE THE R1 P3:COPY OF THE STAY PETITION DATED 8/4/15 FILED BEFORE THE R1 P4:COPY OF THE STAY ORDER DATED 23/9/14 ISSUED BY THIS HON'BLE COURT IN IA.2573 OF 2014 IN ITA 198/14IN IA.2573 OF 2014 IN ITA 198/14 P5:COPY OF THE ORDER DATED 22/9/15 ISSUED BY THE R1 RESPONDENTS' EXHIBITS ------------------------------------- NIL. / TRUE COPY / P.S. TO JUDGE PJ A.K.JAYASANKARAN NAMBIAR, J. =========================================== W.P.(C). No. 32053 of 2015 ===================================================== Dated this the 20[th] day of October, 2015 JUDGMENT The challenge in the writ petition is against Ext.P5 orderpassed by the 1[st] respondent, in an appeal preferred by thepetitioner against an assessment order under the Income Tax Act.The case of the petitioner in the writ petition is essentially that,while passing Ext.P5 order, the 1[st] respondent did not exercise itsdiscretion validly. It is submitted that the main issue involved inthe appeal is also the subject matter of an ITA before this Court, inwhich this Court had granted a complete stay against recovery ofamounts confirmed against the petitioner during the pendency ofthe appeal. The learned counsel for the petitioner would submitthat the ITA has since been heard and it has been reserved forjudgment. It is in the meanwhile, that Ext.P5 order has beenpassed in appeals preferred by the petitioner on the same issue. On a consideration of the facts and circumstances of the caseas also the submissions made across the bar, I find that in Ext.P5order, the 1[st] respondent has directed the petitioner to deposit50% of the amount confirmed against him by the assessment order,as a condition for hearing the appeal. Inasmuch as the issueinvolved in the appeal preferred by the petitioner is pending W.P.(C). No. 32053 of 2015 consideration before this Court in ITAs preferred by the petitionerand similarly situated persons, and this Court has granted acomplete stay against recovery, pending disposal of the IncomeTax Appeal, I quash Ext.P5 order and direct the 1[st] respondent toconsider and pass orders in Ext.P2 appeal preferred by thepetitioner, within a period of three months, after hearing thepetitioner. I make it clear that, pending disposal of the appeal, therecovery steps, if any, initiated against the petitioner for recoveryof amounts confirmed against the petitioner by Ext.P1 assessmentorder, shall be kept in abeyance. The writ petition is disposed as above. A.K.JAYASANKARAN NAMBIAR JUDGE