Wp(C)/32833/2019 Of Kuthuparamba Co-Operative Rural 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 03RD DAY OF DECEMBER 2019 / 12TH AGRAHAYANA, 1941WP(C).No.32833 OF 2019(D) PETITIONER: KUTHUPARAMBA CO-OPERATIVE RURAL BANK LTD.,F 1261, P.O KUTHUPARAMBA, KANNUR 670 643 REPRESENTED BY ITS SECRETARY YAMUNA T.P BY ADV. SRI.S.ARUN RAJ RESPONDENTS: 1THE INCOME TAX OFFICER,WARD-2, KANNUR RANGE, KANNUR 670 0062THE PRINCIPAL COMMISSIONER OF INCOME TAX,AAYAKAR BHAVAN, NORTH BLOCK, MANANCHIRA, KOZHIKODE 673 0013THE COMMISSIONER OF INCOME TAX (APPEALS)AAYAKAR BHAVAN, MANACHIRA, KOZHIKODE 673 001 OTHER PRESENT: SC , CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON03.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 JUDGMENT Against Exts.P1 and P1(a) assessment/rectification orders under theIncome Tax Act, the petitioner has preferred Ext.P2 appeal before the 3[rd]respondent. The petitioner also moved a stay application before the 2[nd]respondent in terms of Section 220(6) of the Income Tax Act and the saidauthority granted a stay of recovery of the confirmed demand on condition thatthe petitioner paid 20% of amounts confirmed against him by the assessmentorders. In the writ petition, it is the case of the petitioner that in as much asthis Court has in identical matters, directed the Appellate Authority to considerthe appeals on merits by directing that the recovery steps for recovery ofamounts confirmed against the assessee by the assessment orders shall be keptin abeyance during the pendency of the appeals, a similar order should bepassed in this case also. 2. I have heard the learned counsel appearing for the petitioner andalso the learned Standing Counsel appearing for the respondents. Taking note of the direction of this Court in connected matters, the writpetition is disposed by directing the 3[rd] respondent to consider and passorders on Ext.P2 appeal within a period of six months from the date of receiptof a copy of this judgment, after hearing the petitioner. It is made clear that 3 recovery steps for recovery of amounts confirmed against the petitioner bythe assessment order/rectification order shall be kept in abeyance till such asthe orders are passed by the 3[rd] respondent, as directed and the orderscommunicated to the petitioner. The petitioner shall produce a copy of thewrit petition together with a copy of this judgment, before the 3[rd] respondent,for further action. SJ Sd/- A.K.JAYASANKARAN NAMBIARJUDGE 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1TRUE COPY OF THE ASSESSMENT ORDER DATED 19-12-2018 PASSED BY THE 1ST RESPONDENT UNDER SECTION 143(3) OF THE ACT FOR THE AY 2016-1712-2018 PASSED BY THE 1ST RESPONDENT UNDER SECTION 143(3) OF THE ACT FOR THE AY 2016-17 EXHIBIT P1 ATRUE COPY OF THE ORDER DATED 22-2-2019 PASSED BY THE 1ST RESPONDENT U/S 154 OF THEACT FOR THE AY 2016-17PASSED BY THE 1ST RESPONDENT U/S 154 OF THEACT FOR THE AY 2016-17 EXHIBIT P2TRUE COPY OF THE FIRST APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY 2016-17PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY 2016-17 EXHIBIT P3TRUE COPY OF THE APPLICATION OF STAY FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENTFOR THE AY 2016-17BY THE PETITIONER BEFORE THE 2ND RESPONDENTFOR THE AY 2016-17 EXHIBIT P4TRUE COPY OF THE ORDER DATED 30-09-2019 PASSED BY THE 2ND RESPONDENT COMMISSIONER OF INCOME TAX , KOZHIKODE DISPOSING THE STAY PETITIONS FOR THE AY 2016-17 AND 2016-17.PASSED BY THE 2ND RESPONDENT COMMISSIONER OF INCOME TAX , KOZHIKODE DISPOSING THE STAY PETITIONS FOR THE AY 2016-17 AND 2016-17. EXHIBIT P5TRUE COPY OF THE JUDGMENT DATED 23-10-2019 PASSED BY THIS HONOURABLE COURT IN WP(C) NO. 28170 OF 2019 IN SIMILAR CASE.PASSED BY THIS HONOURABLE COURT IN WP(C) NO. 28170 OF 2019 IN SIMILAR CASE.