Wp(C)/35432/2014 Of Kadalundi Service Co-Operative Bank Ltd v. The Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 30TH DAY OF DECEMBER 2014/9TH POUSHA, 1936 WP(C).No. 35432 of 2014 (D) ---------------------------- PETITIONER: ------------------- KADALUNDI SERVICE CO-OPERATIVE BANK LIMITED NO F 1500 KADALUNDI POST, KADALUNDI REPRESENTED BY ITS SECRETARY IN CHARGE BY ADV. SRI.O.D.SIVADAS RESPONDENTS: ----------------------- 1. THE COMMISSIONER OF INCOME TAX(APPEALS)-1, AYAKAR BHAVAN, KOZHIKODE 673 001 2. THE INCOME TAX OFFICER,WARD 2(3),KOZHIKODE 673 001 R BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON30-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35432 of 2014 (D) ---------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER FOR THE PERIOD 2008-09 DATED28/02/2014 EXHIBIT P2 TRUE COPY OF ASSESSMENT ORDER FOR THE PERIOD 2009-10 DATED24/10/2014 EXHIBIT P3 TRUE COPY OF ASSESSMENT ORDER FOR THE PERIOD 2011-12 DATED13/03/2014 EXHIBIT P4 TRUE COPY OF THE APPEAL AGAINST THE ASSESSMENT ORDER FORTHE PERIOD 2008-09 EXHIBIT P5 TRUE COPY OF THE APPEAL AGAINST THE ASSESSMENT ORDER FORTHE PERIOD 2009-10 EXHIBIT P6 TRUE COPY OF THE APPEAL AGAINST THE ASSESSMENT ORDER FORTHE PERIOD 2011-12 EXHIBIT P7 TRUE COPY OF THE NOTICE DATED 12/12/2014 RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S.TO JUDGE ANIL K.NARENDRAN, J -------------------------------------------------- W.P.(C.)No.35432 Of 2014 -------------------------------------------------- DATED THIS THE 30[th] DAY OF DECEMBER, 2014 JUDGMENT The petitioner is a Co-operative Society registered under the Co-operative Societies Act. According to the petitioner, the Societyis eligible for deduction in respect of income-tax, provided underSection 80P of the Income-tax Act ('the Act' for short). Aggrievedby the assessment made under Section 143(4) of the Act for theassessment years 2008-09, 2009-10 and 2011-12, evidenced byExhibits P1, P2 and P3 orders, the petitioner filed Exhibits P4, P5and P6 appeals before the 1st respondent. Now the grievance of thepetitioner is that during the pendency of the said appeals, the 2ndrespondent issued Exhibit P7 notice under Section 226(3) of the Actfor realisation of the disputed amount from the account of thepetitioner maintained at Kozhikode District Co-operative Bank. It isin such circumstances, the petitioner has filed this Writ Petition,seeking various reliefs. 2.Heard the learned counsel for the petitioner and also thelearned Standing Counsel for the Income-tax Department. W.P.(C).No.35432/14 -2- 3.Exhibits P1 to P3 assessment orders are under challenge in Exhibits P4 to P6 appeal filed by the petitioner beforethe 1st respondent-appellate authority. It is during the pendencyof the said appeals, now coercive steps have been taken by the2nd respondent under Section 226 (3) of the Act, as evident fromExhibit P7 notice. 4.Considering the facts and circumstances of the case,this Writ Petition is disposed of with the following directions. (i)The petitioner shall file stay petitions in Exhibits P4 to P6 appeals pending before the 1st respondent along with a certifiedcopy of this judgment, within ten daysfrom today.copy of this judgment, within ten daysfrom today. (ii)If such stay petitions are received, the1st respondent shall consider and passappropriate orders on the said applications,as expeditiously as possible, at any ratewithin a period of one month from the dateof receipt of the same.1st respondent shall consider and passappropriate orders on the said applications,as expeditiously as possible, at any ratewithin a period of one month from the dateof receipt of the same. dsn -3- (iii)Till orders are passed on the stay petitions as directed above, all recovery (i)The petitioner shall file stay petitions in Exhibits P4 to P6 appeals pending before the 1st respondent along with a certifiedcopy of this judgment, within ten daysfrom today.copy of this judgment, within ten daysfrom today. (ii)If such stay petitions are received, the1st respondent shall consider and passappropriate orders on the said applications,as expeditiously as possible, at any ratewithin a period of one month from the dateof receipt of the same.1st respondent shall consider and passappropriate orders on the said applications,as expeditiously as possible, at any ratewithin a period of one month from the dateof receipt of the same. dsn -3- (iii)Till orders are passed on the stay petitions as directed above, all recovery proceedings pursuant to Exhibit P7 shall bekept in abeyance. Sd/-ANIL K.NARENDRAN, JUDGE