Wp(C)/34191/2018 Of Thiruvananthapuram District Cooperative Bank Ltd v. Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU MONDAY ,THE 29TH DAY OF OCTOBER 2018 / 7TH KARTHIKA, 1940 WP(C).No. 34191 of 2018 PETITIONER/S: THIRUVANANTHAPURAM DISTRICT COOPERATIVE BANK LTD.REPRESENTED BY ITS GENERAL MANAGER, S.KUMAR, S/O SREEDHARAN NAIR, SANKAR, SWATHI NAGAR, PEROORKADA PO, THIRUVANANTHAPURAM 695005 BY ADV. MARY BENJAMIN BY ADVS.SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENTSRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T The petitioner is a Co-operative Bank, and the dispute concerns the Income Tax assessment for the year 2009-2010.Against the Ext.P5 assessment order, the petitioner filed the Ext.P7appeal and the Ext.P8 stay petition. By then the petitioner remitted33.8% of the total demand. Nevertheless the appellate authorityissued the Ext.P10, demanding the petitioner to deposit, as a pre-condition, Rs.3,67,05,090/-, out of Rs.5,54,65,330/-. Assailing theExt.P10, the petitioner has filed this writ petition. 2.The petitioner's counsel has contended that thepetitioner has already paid over 33%, whereas the Ext.P9 OfficeMemorandum mandates that it will suffice if the assessee in appealpays 20%. The petitioner's counsel has contended that the 3.The learned Standing Counsel also agrees that thepetitioner did deposit over 33%. In the light of the Ext.P9departmental instructions requiring the appellant to pay 20% of the demand as precondition, I reckon the Ext.P10 cannot be sustained. Accordingly, I set it aside. The appellate authority will decide the petitioner's appeal on merits, expeditiously. Thus I dispose of the writ petition. Sd/- DAMA SESHADRI NAIDU JUDGE jjj APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 27/12/2011 ISSUED TO THE PETITIONER. EXHIBIT P2TRUE COPY OF SUBMISSION DATED 19/12/2013 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONER.SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONER. EXHIBIT P3TRUE COPY OF THE ORDER DATED 03/01/2014, PASSED BY THE 1ST RESPONDENT. EXHIBIT P4TRUE COPY OF THE ASSESSMENT ORDER DATED 28/03/2015.28/03/2015. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 05/05/2017. W.P.(C) No.34191/2018 EXHIBIT P6 EXHIBIT P7EXHIBIT P8EXHIBIT P9EXHIBIT P10 EXHIBIT P11 -4- TRUE COPY OF THE DEMAND NOTICE DATED 05/05/2017.TRUE COPY OF THE APPEAL DATED 12/06/2017.TRUE COPY OF THE STAY PETITION DATED 27/09/2018. TRUE COPY OF THE CIRCULAR DATED 31/07/2017. TRUE COPY OF THE PROCEEDINGS DATED 13/09/2018 OF THE 2ND RESPONDENT. TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE ETHE 2ND RESPONDENT BY THE PETITIONER.