Wp(C)/32521/2016 Of The Mayyanadu Regional Co-Operative Bank Ltd v. Office Of Joint Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 18TH DAY OF OCTOBER 2016/26TH ASWINA, 1938 WP(C).No. 32521 of 2016 (M) ---------------------------- PETITIONER : -------------------- THE MAYYANADU REGIONAL CO-OPERATIVE BANK LTD NO 94, MAYYANADU P.O, KOLLAM 691 603, REPRESENTED BY ITS SECRETARY, OMANAKUTTAN PILLAI, S/O VASU PILLAI, AGED 57 YEARS. BY ADVS.SRI.A.JANI(KOLLAM) SRI.P.PRIJITH RESPONDENTS : ----------------------- 1. OFFICE OF JOINT COMMISSIONER OF INCOME TAX,INCOME TAX DEPARTMENT, GOVERNMENT OF INDIA, KOLLAM RANGE, AAYKAR BHAVAN, KARBALA JUNCTION, KOLLAM 691 001. (CORRECTED)INCOME TAX DEPARTMENT, GOVERNMENT OF INDIA, KOLLAM RANGE, AAYKAR BHAVAN, KARBALA JUNCTION, KOLLAM 691 001. (CORRECTED) *R1 IS CORRECTED ASINCOME TAX OFFICER, OFFICE OF JOINT COMMISSIONER OF INCOME TAX,INCOME TAX DEPARTMENT, GOVERNMENT OF INDIA, KOLLAM RANGE, AAYKAR BHAVAN, KARBALA JUNCTION, KOLLAM 691 001.AS PER ORDER IN I.A.NO.16068/2016 DATED 18.10.2016 2. THE COMMISSIONER OF INCOME TAX (APPEALS) OFFICE CHIEF COMMISSIONER OF INCOME TAX (APPEALS),AYANKAR BHAWAN, KAWADIYAR JUNCTION, THIRUVANANTHAPURAM 695 003.AYANKAR BHAWAN, KAWADIYAR JUNCTION, THIRUVANANTHAPURAM 695 003. BY SRI.K.M.V.PANDALAI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32521 of 2016 (M) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1 TRUE COPY BYE LAW OF THE WRIT PETITIONER. EXHIBIT P2 TRUE COPY OF ORDER DATED 30-03-2016 ISSUED BY THE 1STRESPONDENT. EXHIBIT P3 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORETHE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 05-09-2016 ISSUED BY THE 1STRESPONDENT TO THE PETITIONER. RESPONDENT(S)' EXHIBITS :NIL ----------------------- /TRUE COPY/ P.A TO JUDGE A.M.SHAFFIQUE, J. ------------------------------------ W.P.(C).No.32521 of 2016 ----------------------------------- Dated this the 18[th] day of October, 2016 J U D G M E N T The petitioner has approached this Court challenging theaction of the respondents in initiating penalty proceedings underSection 271(1)(C) of the Income Tax Act, 1961, especially whenExt.P3 appeal is pending consideration before the competentauthority. Hence, the petitioner seeks for a direction to dispose ofExt.P3 appeal within a time frame and in the meantime to keep inabeyance the proceedings pursuant to Ext.P4. 2. Learned Standing Counsel appearing on behalf of therespondents submits that if the particulars regarding filing of appealis placed before the assessing officer, further proceedings pursuantto Ext.P4 shall be kept in abeyance. In the said circumstances this writ petition is disposed of asunder : 1. The Income Tax Officer attached to the office of the 1[st]respondent shall keep in abeyance further proceedingspursuant to Ext.P4 till disposal of Ext.P3 appeal. respondent shall keep in abeyance further proceedingspursuant to Ext.P4 till disposal of Ext.P3 appeal. 2. The petitioner shall place a copy of the appealmemorandum and its number before the 1[st] respondentwithin a period of 15 days from today. memorandum and its number before the 1[st] respondentwithin a period of 15 days from today. Sd/- A.M.SHAFFIQUE, JUDGE.