Wp(C)/34221/2015 Of Edapatta Service Co-Operative Bank Ltd v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 13TH DAY OF NOVEMBER 2015/22ND KARTHIKA, 1937 WP(C).No. 34221 of 2015 (C) ---------------------------- PETITIONER(S): -------------------------- EDAPATTA SERVICE CO-OPERATIVE BANK LTD., EDAPATTA, PERINTHALMANNA, MALAPPURAM DISTRICT-679 326, REPRESENTED BY ITS SECRETARY BY SRI.K.ANAND, SENIOR ADVOCATE. ADVS. SMT.LATHA ANAND, SRI.JOSEPH SEBASTIAN (PARACKAL). RESPONDENT(S): ---------------------------- 1. INCOME TAX OFFICER, WARD 4, OFFICE OF THE INCOME TAX OFFICER, TARIFF BAZAR, TOWN HALL ROAD, TIRUR -676 101. TARIFF BAZAR, TOWN HALL ROAD, TIRUR -676 101. 2. THE COMMISSIONER OF INCOME TAX (APPEAL), AAYAKARA BHAVAN, MANANCHIRA, KOZHIKODE- 673 001. BY ADV. SRI.K.M.V.PANDALAI, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C).No. 34221 of 2015 (C) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 02-03-2015. EXHIBIT P2 TRUE COPY OF THE APPEAL MEMORANDUM. EXHIBIT P3 TRUE COPY OF APPLICATION FOR STAY. EXHIBIT P4 TRUE COPY OF ORDER DATED 22-09-2015 PASSED BY 2ND RESPONDENT.2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE ORDER PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, COCHIN DATED 14-05-2015.APPELLATE TRIBUNAL, COCHIN DATED 14-05-2015. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.34221 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13[th] day of November 2015 JUDGMENT The challenge in the writ petition is against Ext.P4 orderpassed by the 2[nd] respondent, in stay applications preferred by thepetitioner along with appeals filed against assessment orders underthe Income Tax Act, where amounts were confirmed against thepetitioner by disallowing deductions under Section 80 P of theIncome Tax Act. In Ext.P4 stay order, the 2[nd] respondent has passeda conditional order of stay requiring the petitioner to effectpayments as a condition for grant of stay of recovery of the balanceamounts confirmed against him. The learned counsel for thepetitioner would submit that pursuant to Ext.P4 stay order, he hasalso paid the first instalment, directed therein. The prayer in thewrit petition is essentially for a stay of the direction to remit thebalance amount in instalments in view of the fact that the incometax appeals preferred by other assessees against orders of theappellate Tribunal confirming demands similar to what wasconfirmed against the petitioner, are pending consideration beforethis Court and in those appeals, this Court has granted a stay ofrecovery of amounts pending disposal of the appeals. 2. I have heard the learned counsel for the petitioner and alsothe learned Standing counsel for the respondents. 2. I have heard the learned counsel for the petitioner and alsothe learned Standing counsel for the respondents. On a consideration of the facts and circumstances of the case asalso the submissions made across the bar and taking note of the factthat in identical matters this Court has granted a stay pendingdisposal of the income tax appeals, I modify the directions in Ext.P4conditional order of stay granted by the 2[nd] respondent by making itclear that, insofar as the petitioner had already paid the 1[st] instalmentmentioned in Ext.P4 order, the petitioner will not be required to makeany further payment in the matter pending disposal of the appeal bythe 2[nd] respondent. There will be a further direction to the 2[nd]respondent to consider and pass orders in the appeals within a periodof three months from the date of receipt of a copy of this judgment,after hearing the petitioner. The recovery steps for recovery ofamounts from the petitioner pursuant to the assessment orders shallbe kept in abeyance till such time as orders are passed by the 2[nd]respondent as directed and communicated to the petitioner. Thepetitioner shall produce a copy of this judgment along with a copy ofthis writ petition before the 2[nd] respondent for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE