Wp(C)/4106/2020 Of Edarikode Service Co Operative Bank Limited v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 13TH DAY OF FEBRUARY 2020 / 24TH MAGHA, 1941 WP(C).No.4106 OF 2020(K) PETITIONER: EDARIKODE SERVICE CO OPERATIVE BANK LIMITEDNO.F 10739,EDARIKODE.P.O, MALAPPURAM DISTRICT,PIN-676501,REPRESENTED BY ITS SECRETARY-IN-CHARGE. BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENTS: 1THE INCOME TAX OFFICERWARD-3,TIRUR TOWN HALL ROAD,TIRUR-676101.2THE COMMISSIONER OF INCOME TAX(APPEALS),OFFICE OF THE COMMISSIONER OF INCOME TAX(APPEALS),AAYAKAR BHAVAN MANANCHIRA,KOZHIKODE-673001. SRI CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON13.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The petitioner has approached this Court, seekingventilation of the grievance on the premise that against theassessment order dated 22.02.2016 for the assessment year2013-2014 had preferred two appeals Exts.P5 and P6. Prior tothe preference of the appeal, demand notice of Rs.1,25,86,090/-dated 22.02.2016 was issued by the 1[st] respondent. The appealshave been decided on 12.12.2019 order thereof received on03.02.2020. Since there was an error apparent on record thepetitioner have preferred two rectification petitions Exts.P9 andP10 on 08.02.2020. However, on 07.02.2020 received two noticesExts.P11 and P12 for aforementioned assessment yearsdemanding tax as per the order of the first Appellate Court, whichupheld the order of the Assessing Officer. Learned counselsubmitted that there will not be any aversion in arguing pendingappeal as early as possible, but the demand during interregnumraised should be stayed. The learned counsel for the Income Tax Department submitsthat the rectification have been filed after receipt of demandnotice and therefore no such interference is warranted. Having heard learned counsel for the parties, I am of theview that the writ petition can be disposed of without expressingany opinion on the merits by issuing directions to the 2[nd]respondent to decide the rectification petitions Exts.P9 and P10for the assessment year 2008-09 and 2013-14 as expeditiouslyas possible within a period of two months from the date of receiptof a certified copy of this judgment. Till such time the demandraised by Exts.P11 and P12 are ordered to be stayed subject tofurnishing the bank guarantee of entire amount reflected inimpugned notices Exts.P11 and P12. nak Sd/- AMIT RAWAL JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER FOR AY 2008-09 DATED 22.02.2016 ISSUED BY THE FIRST RESPONDENT EXHIBIT P2A TRUE COPY OF THE DEMAND NOTICE FOR RS.40,87,590/- DATED 22.02.2016 ISSUED BY THE FIRST RESPONDENT.RS.40,87,590/- DATED 22.02.2016 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P3A TRUE COPY OF THE ASSESSMENT ORDER FOR AY 2013-14 DATED 22.02.2016 ISSUED BY THE FIRST RESPONDENTAY 2013-14 DATED 22.02.2016 ISSUED BY THE FIRST RESPONDENT EXHIBIT P4A TRUE COPY OF THE DEMAND NOTICE FOR RS,1,25,86,090/- DATED 22.02.2016 ISSUEDBY THE FIRST RESPONDENT.RS,1,25,86,090/- DATED 22.02.2016 ISSUEDBY THE FIRST RESPONDENT. EXHIBIT P5A TRUE COPY OF THE APPEAL FOR AY 2008-09DATED 08.04.2016 FILED BEFORE THE 2ND RESPONDENT.DATED 08.04.2016 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P6A TRUE COPY OF THE APPEAL FOR AY 2013-14DATED 08.04.2016 FILED BEFORE THE 2ND RESPONDENTDATED 08.04.2016 FILED BEFORE THE 2ND RESPONDENT EXHIBIT P7A TRUE COPY OF THE APPELLATE ORDER NO.A72008-09 ISSUED BY THE 2ND RESPONDENT DATED 12.12.2019.2008-09 ISSUED BY THE 2ND RESPONDENT DATED 12.12.2019. EXHIBIT P8A TRUE COPY OF THE APPELLATE ORDER FOR AY 2013-14 ISSUED BY THE 2ND RESPONDENT DATED 12.12.2019.AY 2013-14 ISSUED BY THE 2ND RESPONDENT DATED 12.12.2019. EXHIBIT P4A TRUE COPY OF THE DEMAND NOTICE FOR RS,1,25,86,090/- DATED 22.02.2016 ISSUEDBY THE FIRST RESPONDENT.RS,1,25,86,090/- DATED 22.02.2016 ISSUEDBY THE FIRST RESPONDENT. EXHIBIT P5A TRUE COPY OF THE APPEAL FOR AY 2008-09DATED 08.04.2016 FILED BEFORE THE 2ND RESPONDENT.DATED 08.04.2016 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P6A TRUE COPY OF THE APPEAL FOR AY 2013-14DATED 08.04.2016 FILED BEFORE THE 2ND RESPONDENTDATED 08.04.2016 FILED BEFORE THE 2ND RESPONDENT EXHIBIT P7A TRUE COPY OF THE APPELLATE ORDER NO.A72008-09 ISSUED BY THE 2ND RESPONDENT DATED 12.12.2019.2008-09 ISSUED BY THE 2ND RESPONDENT DATED 12.12.2019. EXHIBIT P8A TRUE COPY OF THE APPELLATE ORDER FOR AY 2013-14 ISSUED BY THE 2ND RESPONDENT DATED 12.12.2019.AY 2013-14 ISSUED BY THE 2ND RESPONDENT DATED 12.12.2019. EXHIBIT P9A TRUE COPY OF THE PETITION FOR RECTIFICATION OF MISTAKE BEFORE THE 2ND RESPONDENT DATED 08.02.2029 FOR AY2008-09RECTIFICATION OF MISTAKE BEFORE THE 2ND RESPONDENT DATED 08.02.2029 FOR AY2008-09 EXHIBIT P10A TRUE COPY OF THE PETITION FOR RECTIFICATION OF MISTAKE BEFORE THE 2ND RESPONDENT DATED 08.02.2020 FOR AY 2013-14RECTIFICATION OF MISTAKE BEFORE THE 2ND RESPONDENT DATED 08.02.2020 FOR AY 2013-14 EXHIBIT P11A TRUE COPY OF THE LETTER OF DEMAND ISSUED BY THE 1ST RESPONDENT DATED 07.02.2020 FOR AY 2008-09ISSUED BY THE 1ST RESPONDENT DATED 07.02.2020 FOR AY 2008-09 EXHIBIT P12 A TRUE COPY OF THE LETTER OF DEMAND ISSUED BY THE 1ST RESPONDENT DATED 07.02.2020 FOR AY 2013-14. //TRUE COPY// P.A TO JUDGE