Wp(C)/34252/2017 Of The Manickal 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. 34252 of 2017 (F) ---------------------------- PETITIONER(S):------------- THE MANICKAL SERVICE CO-OPERATIVE BANK LTD NO.1910, REPRESENTED BY ITS SECRETARY, PIRAPPANCODE P.O., THIRUVANANTHAPURAM DISTRICT-695607. BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR 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-695003. OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, RANGE-2, AAYAKAR BHAVAN, KOWDIAR P.O., THIRUVANANTHAPURAM DISTRICT-695003. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BAHVAN, KOWDIAR, THIRUVANANTHAPURAM-695003. AAYAKAR BAHVAN, KOWDIAR, THIRUVANANTHAPURAM-695003. BY PUBLIC PROSECUTOR CHRISTAPHER ABRAHAM, SC EL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE DATED 11-07-2013, ISSUED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) NEDUMANGAD.ISSUED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) NEDUMANGAD. EXHIBIT P2 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2008-2009 DATED 22-03-2014.2008-2009 DATED 22-03-2014. EXHIBIT P3 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2012-2013 DATED 21-03-2015.2012-2013 DATED 21-03-2015. EXHIBIT P4 A TRUE COPY OF THE DEMAND NOTICE DATED 21-03-2015 ISSUED BY THE 1ST RESPONDENT.ISSUED BY THE 1ST RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2014-2015 DATED 28-12-2016.2014-2015 DATED 28-12-2016. EXHIBIT P6 A TRUE COPY OF THE DEMAND NOTICE DATED 28-12-2016 ISSUED BY THE 1ST RESPONDENT.ISSUED BY THE 1ST RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT-P2 ASSESSMENT ORDER DATED 06-04-2014.EXT-P2 ASSESSMENT ORDER DATED 06-04-2014. EXHIBIT P8 A TRUE COPY OF THE STAY PETITION DATED 04-10-2017, FILED BY THE PETITIONER IN EXT-P7 APPEAL.FILED BY THE PETITIONER IN EXT-P7 APPEAL. EXHIBIT P9 A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT-P3 ASSESSMENT ORDER DATED 03-04-2015.EXT-P3 ASSESSMENT ORDER DATED 03-04-2015. EXHIBIT P10 A TRUE COPY OF THE STAY PETITION DATED 04-10-2017, FILED BY THE PETITIONER IN EXT-P9 APPEAL.FILED BY THE PETITIONER IN EXT-P9 APPEAL. EXHIBIT P11 A TRUE COPY OF THE APPEAL MEMORANDUM FILED AGAINST EXT-P5 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 09-01-2017.EXT-P5 ASSESSMENT ORDER ALONG WITH COVERING LETTER DATED 09-01-2017. EXHIBIT P12 A TRUE COPY OF THE STAY PETITION DATED 10-01-2017, FILED BY THE PETITIONER IN EXT-P11 APPEAL.FILED BY THE PETITIONER IN EXT-P11 APPEAL. EXHIBIT P13 A TRUE COPY OF THE NOTICE F.NO.AADAM1119J/ITO/W-2(3)/TVM/2017-18 DATED 28-08-2017.(3)/TVM/2017-18 DATED 28-08-2017. RESPONDENT(S)' EXHIBITS----------------------- NIL TRUE COPY EL P.S. TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. ***************************************************************** W.P.(C) No.34252 of 2017*****************************************************************Dated this the 26[th] day of October, 2017 J U D G M E N T Against Exts.P2, P3 and P5 assessment orders under theIncome Tax Act, the petitioner has preferred Exts.P7, P9 and P11appeals together with Exts.P8, P10 and P12 stay petitions beforethe 2[rd] respondent. It is the case of the petitioner that even prior toconsidering the stay petitions, recovery steps are taken by therespondents against the petitioner for recovery of the amountsconfirmed by Exts.P2, P3 and P5 assessment orders. NIL TRUE COPY EL P.S. TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. ***************************************************************** W.P.(C) No.34252 of 2017*****************************************************************Dated this the 26[th] day of October, 2017 J U D G M E N T Against Exts.P2, P3 and P5 assessment orders under theIncome Tax Act, the petitioner has preferred Exts.P7, P9 and P11appeals together with Exts.P8, P10 and P12 stay petitions beforethe 2[rd] respondent. It is the case of the petitioner that even prior toconsidering the stay petitions, recovery steps are taken by therespondents against the petitioner for recovery of the amountsconfirmed by Exts.P2, P3 and P5 assessment orders. 2. I have heard the learned counsel for the petitioner andalso the learned Government Pleader for the respondents. On a consideration of the facts and circumstances of the caseas also the submissions made across the Bar, I dispose the writpetition with the following directions: i) The 2[nd] respondent shall consider and pass orderson Exts.P8, P10 and P12 stay petitions within aperiod of two months from the date of receipt of acopy of this judgment, after hearing the petitioner. ii) Recovery steps for recovery of amountsconfirmed against petitioner by Exts.P2, P3 andP5 assessment orders shall be kept in abeyancetill orders are passed by the 2[nd] respondent asdirected above and communicated to thepetitioner. iii) The petitioner shall produce a copy of thewrit petition along with a copy of this judgmentbefore the 2[nd] respondent, for further action. Sd/-A.K.JAYASANKARAN NAMBIAR JUDGE