Wp(C)/33052/2022 Of Chavakkad Service Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 18 DAY OF OCTOBER 2022 / 26TH ASWINA, 1944WP(C) NO. 33052 OF 2022 PETITIONER/S: CHAVAKKAD SERVICE CO-OPERATIVE BANK LTD NO.F.9991, BEACH ROAD, CHAVAKKAD P.O, THRISSUR DISTRICT, PIN-680506 REPRESENTED BY ITS SECRETARY, PIN - 680506BY ADV C.A.JOJO RESPONDENT/S: 1THE INCOME TAX OFFICERWARD 1 & TPS, GURUVAYOOR, CITY PLAZA, WEST NADA, THRISSUR-680101, PIN - 680101WARD 1 & TPS, GURUVAYOOR, CITY PLAZA, WEST NADA, THRISSUR-680101, PIN - 6801012THE PRINCIPAL COMMISSIONER OF INCOME TAXAAYAKAR BHAVAN, NORTH BLOCK, MANANCHIRA, KOZHIKODE, PIN-673001AAYAKAR BHAVAN, NORTH BLOCK, MANANCHIRA, KOZHIKODE, PIN-673001 3THE COMMISSIONER OF INCOME TAX ( APPEALS)NATIONAL FACELESS ASSESSMENT CENTRE,NORTH BLOCK, NEW DELHI-110001, PIN - 1100014THE ADDITIONAL COMMISSIONER OF INCOME TAXNATIONAL FACELESS ASSESSMENT CENTRE,NORTH BLOCK, NEW DELHI-110001, PIN - 110001 ADV. JOSE JOSEPH (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON18.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 33052 OF 2022 2 JUDGMENT Petitioner has approached this Court, being aggrieved bythe fact that the Principal Commissioner of Income Tax has,through Exts.P5 and P13, communicated to the petitioner thatstay of demands under Exts.P1 and P8 orders imposing penaltyin respect of the assessment years 2012-13 and 2017-18 can begranted only if the petitioner pays an amount equivalent to 80%of the amount levied as penalty. It is submitted that thepetitioner has filed Exts.P3 and P10 appeals against Exts.P1 andP8 orders imposing penalty. 2.Heard the learned Standing Counsel appearing forthe respondent Department also. 3.Having regard to the facts and circumstances of thecase, this writ petition will stand disposed of, directing the 3[rd]respondent to consider and pass orders on Exts.P3 and P10appeals filed against Exts.P1 and P8 orders imposing penalty forthe assessment years 2012-13 and 2017-18, after affording anopportunity of hearing to the petitioner, within a period of sixmonths from the date of receipt of a certified copy of thisjudgment. Till such time as orders are passed in the appeals, WP(C) NO. 33052 OF 2022 3 any steps for recovery of amounts due under Exts.P1 and P8shall remain stayed. The writ petition is disposed of as above. ajt sd/-GOPINATH P.JUDGE WP(C) NO. 33052 OF 2022 4 APPENDIX OF WP(C) 33052/2022 PETITIONER EXHIBITSExhibit P1 Exhibit P2Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6Exhibit P7 Exhibit P8 Exhibit P9 Exhibit P10Exhibit11 Exhibit P12 Exhibit P13Exhibit P14 EXHIBIT-P1: A TRUE COPY OF THE PENALTY ORDER FOR AY 2012-13 ISSUED BY THE 4TH RESPONDENT DATED 24.01.2022 EXHIBIT P2: A TRUE COPY OF THE DEMAND NOTICE U/S 156 DATED 24.01.2022 EXHIBIT P3: A TRUE COPY OF THE APPEAL DATED 24.02.2022 BEFORE THE 3RD RESPONDENTEXHIBIT P4: A TRUE COPY OF THE STAY PETITION DATED 28.04.2022 FILED BEFORE THE 2ND RESPONDENT EXHIBIT P5: A TRUE COPY OF THE ORDER ON STAY PETITION ISSUED BY THE 2ND RESPONDENT DATED 07.07.2022 EXHIBIT-P6: A TRUE COPY OF THE ORDER U/S 250 PASSED BY THE 2ND RESPONDENT DATED 27.07.2022EXHIBIT P7: A TRUE COPY OF THE ORDER IN EFFECT TO THE ORDER OF NFAC DELHI ISSUED U/S 250 BY THE 1ST RESPONDENT DATED 11.08.2022EXHIBIT P8: A TRUE COPY OF THE PENALTY ORDER FOR AY 2017-18 ISSUED BY THE 4TH RESPONDENT DATED 24.01.2022PASSED BY THE 2ND RESPONDENT DATED 27.07.2022EXHIBIT P7: A TRUE COPY OF THE ORDER IN EFFECT TO THE ORDER OF NFAC DELHI ISSUED U/S 250 BY THE 1ST RESPONDENT DATED 11.08.2022EXHIBIT P8: A TRUE COPY OF THE PENALTY ORDER FOR AY 2017-18 ISSUED BY THE 4TH RESPONDENT DATED 24.01.2022 EXHIBIT P9: A TRUE COPY OF THE DEMAND NOTICE U/S 156 DATED 24.01.2022 EXHIBIT P10: A TRUE COPY OF THE APPEAL DATED 24.02.2022 BEFORE THE 3RD RESPONDENTEXHIBIT-P11: A TRUE COPY OF THE STAY PETITIONDATED 18.06.2022 FILED BEFORE THE 2ND RESPONDENT EXHIBIT P9: A TRUE COPY OF THE DEMAND NOTICE U/S 156 DATED 24.01.2022 EXHIBIT P10: A TRUE COPY OF THE APPEAL DATED 24.02.2022 BEFORE THE 3RD RESPONDENTEXHIBIT-P11: A TRUE COPY OF THE STAY PETITIONDATED 18.06.2022 FILED BEFORE THE 2ND RESPONDENT EXHIBIT P12: A TRUE COPY OF THE ORDER ON STAYPETITION ISSUED BY THE 2ND RESPONDENT DATED 07.07.2022 EXHIBIT P13: A TRUE COPY OF THE ORDER U/S 250PASSED BY THE 2ND RESPONDENT DATED 27.07.2022EXHIBIT P14: A TRUE COPY OF THE ORDER IN EFFECT TO THE ORDER OF NFAC DELHI ISSUED U/S 250 BY THE 1ST RESPONDENT DATED 12.08.2022