Wp(C)/33451/2022 Of Narakkal 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. FRIDAY, THE 21 DAY OF OCTOBER 2022 / 29TH ASWINA, 1944 WP(C) NO. 33451 OF 2022 PETITIONER: NARAKKAL SERVICE CO-OPERATIVE BANK LTDNO.E 91NARAKKAL, ST.MARY'S CHURCH ROAD,ERNAKULAM DISTRICT, PIN – 682 505.REPRESENTED BY ITS SECRETARY. BY ADVS. M.SASINDRAN SREEHARI INDUKALADHARAN RESPONDENTS: 1THE INCOME TAX OFFICER NON-CORP WARD 2(4) & T.P.S. KOCHI,CENTRAL REVENUE BUILDING, I.S. PRESS ROADERNAKULAM, KOCHI, PIN – 682 018. 2THE COMMISSIONER OF INCOME TAX (APPEALS),2ND FLOOR, CR.BUILDING., I.S. PRESS ROAD, KOCHI, PIN – 682 018. BY ADV SRI.SREELAL WARRIAR, C.G.C OTHER PRESENT: ADV. CHRISTOPHER ABRAHAM (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The petitioner has approached this Court being aggrievedby the fact that the assessing officer under the Income TaxAct, has by Ext.P5 order required the petitioner to pay a sumequivalent to 20% of the tax assessed as a condition for stayon further recovery proceedings. The petitioner has filedExt.P4 appeal against Ext.P2 order of assessment before theNational Faceless Appeal Centre. However the petitioner hasnot filed any stay petition before the National Faceless AppealCentre. 2. It is the case of the learned counsel appearing for the petitioner that in the light of Ext.P7 judgment of thisCourt, the petitioner is not required to deposit the amountequivalent to 20% of the tax assessed as a condition for stay. 3.Heard the learned Standing Counsel appearing forthe respondent department also. 4.Having heard the learned counsel appearing for thepetitioner and the learned Standing Counsel appearing for therespondents, this writ petition is disposed of directing therespondents to provide a link to the petitioner for uploading stay application in Ext.P4. This shall be done within a periodof two weeks from the date of receipt of certified copy of thisjudgment. The petitioner shall file a stay application within10 days from the date of receipt of the link. If such stayapplication is filed within the time stipulated above, recoveryproceedings to recover any amount under Ext.P2 shall be keptin abeyance till a decision is taken on the stay application sofiled by the petitioner. The Appellate Authority shall whiledeciding the stay petition also have regard to the findings ofthis Court in Ext.P7 judgment. The writ petition is disposed of as above. Sd/-GOPINATH P.JUDGE APPENDIX OF WP(C) 33451/2022 PETITIONER EXHIBITS Exhibit P1A TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 12.3.1961 ISSUED BY THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, ERNAKULAM.REGISTRATION DATED 12.3.1961 ISSUED BY THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, ERNAKULAM. Exhibit P1 (A)TRUE TYPED COPY OF EXT.P1 Exhibit P2TRUE COPY OF THE ASSESSMENT ORDER NO.ITBA/AST/S/147/2021-22/1042083469(1) DATED30.03.2022 FOR THE YEAR 2015-16 ISSUED BY GOVERNMENT OF INDIA.NO.ITBA/AST/S/147/2021-22/1042083469(1) DATED30.03.2022 FOR THE YEAR 2015-16 ISSUED BY GOVERNMENT OF INDIA. Exhibit P3TRUE COPY OF THE DEMAND NOTICE NO.ITBA/AST/S/156/2021-22/1042083536(1) DATED30.03.2022 ISSUED BY GOVERNMENT OF INDIANO.ITBA/AST/S/156/2021-22/1042083536(1) DATED30.03.2022 ISSUED BY GOVERNMENT OF INDIA Exhibit P4A TRUE COPY OF THE APPEAL MEMORANDUM FILED BEFORE THE 2ND RESPONDENT DATED 26-04-2022.BEFORE THE 2ND RESPONDENT DATED 26-04-2022. Exhibit P4 (A)TRUE COPY OF THE STAY PETITION FILED BEFORE THE 2ND RESPONDENT DATED 16-06-2022.THE 2ND RESPONDENT DATED 16-06-2022. Exhibit P5: A TRUE COPY OF THE DIN AND LETTER NO.ITBA/RCV/F/17/2022-23/1043477092(1) DATED 17.06.2022.NO.ITBA/RCV/F/17/2022-23/1043477092(1) DATED 17.06.2022. Exhibit P3TRUE COPY OF THE DEMAND NOTICE NO.ITBA/AST/S/156/2021-22/1042083536(1) DATED30.03.2022 ISSUED BY GOVERNMENT OF INDIANO.ITBA/AST/S/156/2021-22/1042083536(1) DATED30.03.2022 ISSUED BY GOVERNMENT OF INDIA Exhibit P4A TRUE COPY OF THE APPEAL MEMORANDUM FILED BEFORE THE 2ND RESPONDENT DATED 26-04-2022.BEFORE THE 2ND RESPONDENT DATED 26-04-2022. Exhibit P4 (A)TRUE COPY OF THE STAY PETITION FILED BEFORE THE 2ND RESPONDENT DATED 16-06-2022.THE 2ND RESPONDENT DATED 16-06-2022. Exhibit P5: A TRUE COPY OF THE DIN AND LETTER NO.ITBA/RCV/F/17/2022-23/1043477092(1) DATED 17.06.2022.NO.ITBA/RCV/F/17/2022-23/1043477092(1) DATED 17.06.2022. Exhibit P6A TRUE COPY OF THE NOTICE OF HEARING NO.ITBA/RCV/F/123/2022-23/1046195097(1) DATED07.10.2022 ISSUED BY THE 1ST RESPONDENTNO.ITBA/RCV/F/123/2022-23/1046195097(1) DATED07.10.2022 ISSUED BY THE 1ST RESPONDENT Exhibit P7A TRUE COPY OF THE JUDGMENT DATED 19.07.2019 IN W.A.NO.1639/2019.IN W.A.NO.1639/2019.