Wp(C)/33382/2019 Of Navaikulam Service Co-Operative Bank Limited v. The Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 06TH DAY OF DECEMBER 2019/15TH AGRAHAYANA, 1941 W.P(C).No.33382 OF 2019 PETITIONER: NAVAIKULAM SERVICE CO-OPERATIVE BANK LIMITED, NO.964,REPRESENTED BY ITS SECRETARY BINDU.S., W/O.ANILKUMAR.N.,AGED 47 YEARS, NAVAIKULAM.P.O., THIRUVANANTHAPURAM DISTRICT, KERALA, PIN-695603. BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENTS: 1THE DEPUTY COMMISSIONER OF INCOME TAX,INCOME TAX OFFICER, CIRCLE-2(1), KOWDIAR, TRIVANDRUM-695003.INCOME TAX OFFICER, CIRCLE-2(1), KOWDIAR, TRIVANDRUM-695003. 2THE ASSISTANT COMMISSIONER OF INCOME TAX,CIRCLE-2(1), KOWDIAR, TRIVANDRUM-695003.CIRCLE-2(1), KOWDIAR, TRIVANDRUM-695003. 3COMMISSIONER OF INCOME TAX (APPEALS)-I,OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS), TRIVANDRUM-695003.OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS), TRIVANDRUM-695003. 4THE ASSISTANT REGISTRAR,INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, KAKKANAD, COCHIN-682037.INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, KAKKANAD, COCHIN-682037. 5BRANCH MANAGER,ICICI BANK, KALLAMBALAM BRANCH, THIRUVANANTHAPURAM-695605.ICICI BANK, KALLAMBALAM BRANCH, THIRUVANANTHAPURAM-695605. 6THE BRANCH MANAGER,THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, KALLAMBALAM BRANCH, THIRUVANANTHAPURAM-695605.THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, KALLAMBALAM BRANCH, THIRUVANANTHAPURAM-695605. BY SRI.CHRISTOPHER ABRAHAM, SC FOR INCOME TAXBY SRI.THOMAS ABRAHAM, SCBY SRI.THOMAS ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FORADMISSION ON 06.12.2019, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: J U D G M E N T Against Ext.P11 common order of the 4[th] respondent Tribunal, forthe assessment years 2014-15 and 2015-16, under the Income Tax Act, thepetitioner has preferred Exts.P18 and P19 rectification applications beforethe 4[th] respondent Tribunal. It is stated that in the meanwhile, Exts.P14and P15 garnishee proceedings have been initiated by the 1[st] respondent. 2. I have heard the learned counsel for the petitioner, the learnedStanding counsel for the Income Tax Department as also the learnedStanding counsel for the 6[th] respondent bank. On a consideration of the facts and circumstances of the case as alsothe submissions made across the bar, I dispose the writ petition with adirection to the 4[th] respondent Tribunal to consider and pass reasonedorders on Exts.P18 and P19 rectification applications within a period ofone month from the date of receipt of a copy of this judgment, afterhearing the petitioner. Coercive steps, pursuant to Exts.P14 and P15notices, shall be kept in abeyance till such time as orders are passed by the4[th] respondent, as directed, and communicated to the petitioner. It is made clear that during the time when the stay granted by this Court is inoperation, the petitioner will be free to operate the bank accounts coveredby Exts.P14 and P15 notices. The petitioner shall produce a copy of thewrit petition together with a copy of this judgment, before the 4[th]respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE prp/6/12/19 W.P.(C).No.33382/2019 :: 4 :: APPENDIX W.P.(C).No.33382/2019 :: 5 :: EXHIBIT P12 A TRUE COPY OF THE ORDER OF THE 1ST RESPONDENTDATED 25.10.2019 FOR AY 2014-15.DATED 25.10.2019 FOR AY 2014-15. EXHIBIT P13 A TRUE COPY OF THE ORDER OF THE 1ST RESPONDENTDATED 25.10.2019 FOR AY 2015-16.DATED 25.10.2019 FOR AY 2015-16. EXHIBIT P14A TRUE COPY OF THE NOTICE U/S.226(3) OF THEINCOME TAX ACT ISSUED TO THE THE 5TH RESPONDENTBY THE 1ST RESPONDENT DATED 4.12.2019.INCOME TAX ACT ISSUED TO THE THE 5TH RESPONDENTBY THE 1ST RESPONDENT DATED 4.12.2019. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE prp/6/12/19 W.P.(C).No.33382/2019 :: 4 :: APPENDIX W.P.(C).No.33382/2019 :: 5 :: EXHIBIT P12 A TRUE COPY OF THE ORDER OF THE 1ST RESPONDENTDATED 25.10.2019 FOR AY 2014-15.DATED 25.10.2019 FOR AY 2014-15. EXHIBIT P13 A TRUE COPY OF THE ORDER OF THE 1ST RESPONDENTDATED 25.10.2019 FOR AY 2015-16.DATED 25.10.2019 FOR AY 2015-16. EXHIBIT P14A TRUE COPY OF THE NOTICE U/S.226(3) OF THEINCOME TAX ACT ISSUED TO THE THE 5TH RESPONDENTBY THE 1ST RESPONDENT DATED 4.12.2019.INCOME TAX ACT ISSUED TO THE THE 5TH RESPONDENTBY THE 1ST RESPONDENT DATED 4.12.2019. EXHIBIT P15A TRUE COPY OF THE NOTICE U/S.226(3) OF THEINCOME TAX ACT ISSUED TO THE 6TH RESPONDENT BYTHE 1ST RESPONDENT DATED 4.12.2019.INCOME TAX ACT ISSUED TO THE 6TH RESPONDENT BYTHE 1ST RESPONDENT DATED 4.12.2019. EXHIBIT P16A TRUE COPY OF THE RECTIFICATION PETITION FILEDBEFORE THE 1ST RESPONDENT DATED 5.12.2019 FOR AY2014-15.BEFORE THE 1ST RESPONDENT DATED 5.12.2019 FOR AY2014-15. EXHIBIT P17A TRUE COPY OF THE RECTIFICATION PETITION FILEDBEFORE THE 1ST RESPONDENT DATED 5.12.2019 FOR AY2015-16.BEFORE THE 1ST RESPONDENT DATED 5.12.2019 FOR AY2015-16. EXHIBIT P18A TRUE COPY OF THE RECTIFICATION PETITION FILEDBEFORE THE 4TH RESPONDENT FOR AY 2014-15 DATED5.12.2019.BEFORE THE 4TH RESPONDENT FOR AY 2014-15 DATED5.12.2019. EXHIBIT P19A TRUE COPY OF THE RECTIFICATION PETITION FILEDBEFORE THE 4TH RESPONDENT FOR AY 2015-16 DATED5.12.2019.BEFORE THE 4TH RESPONDENT FOR AY 2015-16 DATED5.12.2019. RESPONDENTS EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE