Wp(C)/33165/2017 Of The Pullampara Service Co-Operative Bank Limited v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 19TH DAY OF OCTOBER 2017/27TH ASWINA, 1939 PETITIONER : ------------------ WP(C).No. 33165 of 2017 (U) ---------------------------- THE PULLAMPARA SERVICE CO-OPERATIVE BANK LIMITED NO.2429 REPRESENTED BY ITS SECRETARY, PULLAMPARA, MUKKUDIL.P.O., THIRUVANANTHAPURAM DISTRICT.695 607. BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR SRI.ARJUN RAGHAVAN SRI.ADITHYA RAJEEV RESPONDENTS : ----------------------- 1. THE INCOME TAX OFFICER WARD-2(3), OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, RANGE-2, AAYAKAR BHAVAN, KOWDIAR P.O., THIRUVANANTHAPURAM DISTRICT.695 003. 2. THE COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM.695 003. BY SRI. CHRISTOPHER ABRAHAM, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33165 of 2017 (U) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: A TRUE COPY OF THE CERTIFICATE DATED 11.09.2017, ISSUED BY THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), NEDUMANGAD.ISSUED BY THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), NEDUMANGAD. EXHIBIT P2: A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2008-2009 DATED 22.03.2014.YEAR 2008-2009 DATED 22.03.2014. EXHIBIT P3: A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 22.03.2014.RESPONDENT DATED 22.03.2014. EXHIBIT P4: A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2012-2013 DATED 20.03.2015.YEAR 2012-2013 DATED 20.03.2015. EXHIBIT P5: A TRUE COPY OF THE DEMAND NOTICE DATED 20.03.2015 ISSUED BY THE 1ST RESPONDENT.20.03.2015 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P6: A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2013-2014 DATED 30.12.2015.YEAR 2013-2014 DATED 30.12.2015. EXHIBIT P7: A TRUE COPY OF THE DEMAND NOTICE DATED 30.12.2015 ISSUED BY THE 1ST RESPONDENT.30.12.2015 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P8 : A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT.P2 ASSESSMENT ORDER DATED 06.04.2014.AGAINST EXT.P2 ASSESSMENT ORDER DATED 06.04.2014. EXHIBIT P9: A TRUE COPY OF THE STAY PETITION DATED 03.10.2017, FILED BY THE PETITIONER IN EXT.P8 APPEAL.FILED BY THE PETITIONER IN EXT.P8 APPEAL. EXHIBIT P10: A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT.P4 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 04.04.2015.AGAINST EXT.P4 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 04.04.2015. EXHIBIT P11: A TRUE COPY OF THE STAY PETITION DATED 24.10.2015, FILED BY THE PETITIONER IN EXT.P10 APPEAL.FILED BY THE PETITIONER IN EXT.P10 APPEAL. EXHIBIT P12: A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT.P6 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 07.01.2016.AGAINST EXT.P6 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 07.01.2016. --------------------------------------- EXHIBIT P13: A TRUE COPY OF THE STAY PETITION DATED 28.01.2016, FILED BY THE PETITIONER IN EXT.P12 APPEAL. EXHIBIT P14: A TRUE COPY OF THE NOTICE F.NO.AAAAP5821F/ITO, W-2(3)/TVM/2017-18 DATED 28.08.2017. RESPONDENT(S)' EXHIBITS : NIL. //TRUE COPY// P.A. TO JUDGE p A.K.JAYASANKARAN NAMBIAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.33165 of 2017 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19[th] day of October, 2017 JUDGMENT --------------------------------------- EXHIBIT P13: A TRUE COPY OF THE STAY PETITION DATED 28.01.2016, FILED BY THE PETITIONER IN EXT.P12 APPEAL. EXHIBIT P14: A TRUE COPY OF THE NOTICE F.NO.AAAAP5821F/ITO, W-2(3)/TVM/2017-18 DATED 28.08.2017. RESPONDENT(S)' EXHIBITS : NIL. //TRUE COPY// P.A. TO JUDGE p A.K.JAYASANKARAN NAMBIAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.33165 of 2017 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19[th] day of October, 2017 JUDGMENT Against Exts. P2, P4 and P6 assessment orders under theIncome Tax Act, the petitioner has preferred Exts.P8, P10 and P12appeals together with Exts.P9, P11 and P13 stay petitions beforethe 2[nd] respondent. It is the case of the petitioner that even prior toconsidering the stay petition, recovery steps are taken by therespondents against the petitioner for recovery of the amountsconfirmed, by issuing Ext. P14 demand notice. 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.P9, P11 and P13 stay petitionswithin a period of two months from the date ofreceipt of a copy of this judgment, after hearingthe petitioner. ii) Recovery steps pursuant to Ext.P14 DemandNotice for recovery of amounts confirmed sm/ against petitioner by Exts.P2, P4 and P6assessment orders shall be kept in abeyance tillorders are passed by the 2[nd] respondent asdirected above and communicated to thepetitioner. iii) The petitioner shall produce a copy of the writpetition along with a copy of this judgment, beforethe 2[nd] respondent, for further action. Sd/-A.K.JAYASANKARAN NAMBIAR JUDGE