Wp(C)/40553/2018 Of Peroorkada Service Co-Operative Bank Limited v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY,THE 04TH DAY OF JANUARY 2019 / 14TH POUSHA, 1940 WP(C).No. 40553 of 2018 PETITIONER: PEROORKADA SERVICE CO-OPERATIVE BANK LIMITED,NO.T.1412,REPRESENTED BY ITS SECRETARY SHRI.VISWAKUMAR V, S/O K.VASUDEVAN PILLAIAGED 54 YRS,PEROORKADA.P.O,THIRUVANANTHAPURAMDISTRICT,KERALA, PIN-695005. BY ADVS.SRI.C.A.JOJOSRI.JACOB CHACKOSRI.MATHEWS JOSEPH RESPONDENTS: 1THE INCOME TAX OFFICER,WARD-2(1)KOWDIAR,TRIVANDRUM-695003.WARD-2(1)KOWDIAR,TRIVANDRUM-695003. 2COMMISSIONER OF INCOME TAX(APPEALS)-1.,OFFICE OF THE COMMISSIONER OF INCOME TAX(APPEALS),TRIVANDRUM-695003.OFFICE OF THE COMMISSIONER OF INCOME TAX(APPEALS),TRIVANDRUM-695003. 3THE ASSISTANT REGISTRAR,INCOME TAX APPELLATE TRIBUNAL,COCHIN BENCH-689031.INCOME TAX APPELLATE TRIBUNAL,COCHIN BENCH-689031. 4THE GENERAL MANAGERTRIVANDRUM DISTRICT CO-OPERATIVE BANK LTD, THIRUVANANTHAPURAM-695572.TRIVANDRUM DISTRICT CO-OPERATIVE BANK LTD, THIRUVANANTHAPURAM-695572. SRI CHRISTOPHER ABRAHAM, SCSRI THOMAS ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2019, THE COURT ONTHE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The petitioner, a Co-operative Society, for the Assessment Year2013-14, suffered an adverse assessment. Against the Ext.P2 order inappeal the petitioner filed the Ext.P4 second appeal before theTribunal. In that appeal it has also filed the Ext.P5 stay petition.Before the Tribunal could take up the stay petition, the income TaxDepartment issued the Ext.P6 garnishee order freezing the petitioner'sbank account for Rs.24 Crore. 2.As contended by the petitioner's counsel, the first appellateauthority passed the Ext.P2 order on 02.11.2018. But it served theorder on the petitioner on 14.11.2018. Soon thereafter, the petitioner——filed the second appealon 03.12.2018in two weeks. In fact, thestatutory period of limitation is sixty days for the second appeal. Ireckon that the authority's issuing the Ext.P6 garnishee order evenbefore the limitation period could expire, leave alone the Tribunalconsidering the petitioner's Ext.P5 stay petition, is pre-mature andhasty. 3.On 12.12.2018 this Court suspended the operation of the Ext.P6 until the Tribunal considers the stay petition. Now I, therefore, dispose of the writ petition holding that therespondent authorities will defer coercive steps. Nor do they preventthe petitioner from carrying on its business until the Tribunalconsiders the petitioner's Ext.P5 stay petition. Sd/- sd DAMA SESHADRI NAIDUJUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1A TRUE COPY OF THE ORDER OF THE HON'BLE TRIBUNAL IN ITA.NO.97/COCH/2018 DATED 13.08.2018ITA.NO.97/COCH/2018 DATED 13.08.2018 EXHIBIT P2A TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 07.11.2018.DATED 07.11.2018. EXHIBIT P3A TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 28.11.2018.DATED 28.11.2018. EXHIBIT P4A TRUE COPY OF THE APPEAL BEFORE THE 3RD RESPONDENTDATED 03.12.2018DATED 03.12.2018 EXHIBIT P5A TRUE COPY OF THE APPEAL BEFORE THE 3RD RESPONDENTDATED 03.12.2018DATED 03.12.2018 EXHIBIT P6A TRUE COPY OF THE NOTICE U/S 226(3)OF THE INCOME TAXACT ISSUED TO THE 4TH RESPONDENT BY THE 1ST RESPONDENT DATED 11.12.2018.ACT ISSUED TO THE 4TH RESPONDENT BY THE 1ST RESPONDENT DATED 11.12.2018. EXHIBIT P7A TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT DATED 11.12.2018 WITH ITS ENGLISH TRANSLATION.RESPONDENT DATED 11.12.2018 WITH ITS ENGLISH TRANSLATION. EXHIBIT P8A TRUE COPY OF THE LETTER SUBMITTED BY THE 1ST RESPONDENT DATED 11.12.2018.RESPONDENT DATED 11.12.2018. RESPONDENTS' EXHIBITS NIL // TRUE COPY // P.A. TO JUDGE SD