Wp(C)/33532/2017 Of The Vamanapuram Service Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 26TH DAY OF OCTOBER 2017/4TH KARTHIKA, 1939 WP(C).No. 33532 of 2017 (N) ---------------------------- PETITIONER : --------------------- THE VAMANAPURAM SERVICE CO-OPERATIVE BANK LTD NO. 927, REPRESENTED BY ITS SECRETARY, VAMANAPURAM P.O., THIRUVANANTHAPURAM DISTRICT-695 606. BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR SRI.JAIBY PAUL SRI.ARJUN RAGHAVAN SRI.ADITHYA RAJEEV RESPONDENT(S): ---------------------------- 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. RANGE-2, AAYAKAR BHAVAN, KOWDIAR P.O., THIRUVANANTHAPURAM DISTRICT-695 003. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM-695 003. AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM-695 003. R1 & R2 BY SRI.CHRISTOPHER ABRAHAM,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33532 of 2017 (N) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS -------------------------------------- EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE DATED 31.03.2017, ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM.THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM. EXHIBIT P2 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2008-2009DATED 28.03.2014.DATED 28.03.2014. EXHIBIT P3 A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 28.03.2014.DATED 28.03.2014. EXHIBIT P4 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2012-2013DATED 23.03.2015.DATED 23.03.2015. EXHIBIT P5 A TRUE COPY OF THE DEMAND NOTICE DATED 23.03.2015 ISSUED BY THE 1ST RESPONDENT.THE 1ST RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT-P2ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 09.04.2014.ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 09.04.2014. EXHIBIT P7 A TRUE COPY OF THE STAY PETITION DATED 04.10.2017, FILED BY THE PETITIONER IN EXT-P6 APPEAL.THE PETITIONER IN EXT-P6 APPEAL. EXHIBIT P8 A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT-P4ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 04.04.2015.ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 04.04.2015. EXHIBIT P9 A TRUE COPY OF THE STAY PETITION DATED 04.10.2017, FILED BY THE PETITIONER IN EXT-P8 APPEAL.THE PETITIONER IN EXT-P8 APPEAL. EXHIBIT P10 A TRUE COPY OF THE NOTICE NO.AAAAV3572B/ITO/W-2(3)/TVM/2017-18 DATED 12.10.2017. NO.AAAAV3572B/ITO/W-2(3)/TVM/2017-18 DATED 12.10.2017. RESPONDENT(S)' EXHIBITS: ----------------------------------------- NIL /TRUE COPY/ P.S.TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. ------------------------------- W.P.(C).NO.33532 OF 2017 (N)-----------------------------------Dated this the 26[th] day of October, 2017 J U D G M E N T Against Exts.P2 and P4 assessment orders under the Income TaxAct, the petitioner has preferred Exts.P6 and P8 appeals together withExts.P7 and P9 stay petitions before the 2[nd] respondent. It is the caseof the petitioner that even prior to considering the stay petitions,recovery steps are taken by the respondents against the petitioner forrecovery of the amounts confirmed by Exts.P2 and P4 assessmentorders. 2. I have heard the learned counsel appearing for the petitionerand also the learned Government Pleader appearing for therespondents. On a consideration of the facts and circumstances of the case asalso the submissions made across the Bar, I dispose the writ petitionwith the following directions: J U D G M E N T Against Exts.P2 and P4 assessment orders under the Income TaxAct, the petitioner has preferred Exts.P6 and P8 appeals together withExts.P7 and P9 stay petitions before the 2[nd] respondent. It is the caseof the petitioner that even prior to considering the stay petitions,recovery steps are taken by the respondents against the petitioner forrecovery of the amounts confirmed by Exts.P2 and P4 assessmentorders. 2. I have heard the learned counsel appearing for the petitionerand also the learned Government Pleader appearing for therespondents. On a consideration of the facts and circumstances of the case asalso the submissions made across the Bar, I dispose the writ petitionwith the following directions: 1. The 2[nd] respondent shall consider and pass orderson Exts.P7 and P9 stay petitions within a period of twomonths from the date of receipt of a copy of thisjudgment, after hearing the petitioner. 2. Recovery steps for recovery of amounts confirmedagainst the petitioner by Exts.P2 and P4 assessmentorders shall be kept in abeyance till such time asorders are passed by the 2[nd] respondent as directedabove and communicated to the petitioner. 3. The petitioner shall produce a copy of the writpetition together with a copy of this judgment, beforethe 2[nd] respondent, for further action. A.K.JAYASANKARAN NAMBIAR JUDGE