Wp(C) v. The Commissioner Of Income Tax (Appeals)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941WP(C).No.5533 OF 2020(N) PETITIONER/S: THE THRISSUR DISTRICT CO-OPERATIVE BANK LIMITED,(PRESENTLY THE KERALA STATE CO-OPERATIVE BANK LTD, DISTRICT OFFICE, THRISSUR) SAHAKARANA SATABDHI MANDIRAM, KOVILATHUMPADAM, THRISSUR-680 022, REPRESENTED BY ITS GENERAL MANAGER IN - CHARGE BY ADV. SRI.P.C.SASIDHARAN, SC, THRISSUR DISTRICT CO.OPERATIVE BANK LTD. RESPONDENT/S: 1THE COMMISSIONER OF INCOME TAX (APPEALS),THRISSUR-680 001THRISSUR-680 001 2THE DEPUTY COMMISSIONER OF INCOME TAX,CIRCLE 2 (1),RANGE-2,THRISSUR-680 001CIRCLE 2 (1),RANGE-2,THRISSUR-680 001 3THE STATE BANK OF INDIA,REPRESENTED BY ITS CHIEF MANAGER, MAIN BRANCH, THRISSUR-680 001REPRESENTED BY ITS CHIEF MANAGER, MAIN BRANCH, THRISSUR-680 001 R1 & R2 BY SC JOSE JOSEPH R3 BY SRI. G.G.MANOJ, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON26.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 26th day of February 2020 Heard Adv.P.C. Sasidharan for petitioner andStanding Counsel Jose Joseph for respondents. 2. The petitioner is a Co-operative Bank. Thepetitioner filed Ext.P4 appeal and also stay petition inExt.P6 aggrieved by the order of assessment dated29.12.2018 in Ext.P1. The petitioner apprehendingcoercive steps, approached this Court in W.P.(C)No.9506 of 2019 for direction to dispose of staypetition expeditiously. On 27.03.2019, W.P.(C) 9506 of2019 was disposed of. In Ext.P10 dated 18.07.2019 thestay petition filed by the petitioner is disposed of.The operative portion reads thus: “In this case, assessment u/s 143(3) of the Income Tax Act, 1961for the assessment year 2016-17 was completed on 29.12.2018,determining total income at Rs.24,23,63,020/- creating demand ofRs.845,24,793/-. Aggrieved with this order, the Appellant filed anappeal by electronically and paper copies were also filed in thisoffice along with application for stay of recovery of demand. Thestay petition was represented by Shri.P.Harikrishnanunni, C.A. and the matter was discussed with him. 2. The appellant has informed that 20% of demand is alreadypaid. Therefore, in the circumstances of the case, stay isgranted for the balance 80% of the demand upto 30[th] September,2019.” 3. The cause of action for filing the writ petition is that respondent no.2 through Ext.P12 calls upon the petitioner to pay the balance of 80% taxunder challenge in Ext.P4 appeal. The petitioneron 26.09.2019 filed application for necessary reliefsto continue to maintain the stay during thependency of Ext.P4 appeal. 4. After chronologically taking note of thedates referred to above, this court is of the view thatExt.P12 ought not to have been issued once thepetitioner has complied with the condition ofdepositing 20% of the tax demanded. It could bethat, in Ext.P10 stay has been granted upto30.09.2019 and the appeal in Ext.P4 is not yet heard.This Court is of the view that the amounts demandedthrough Ext.P12 if is carried out, the appeal filed by WP(C).No.5533 OF 2020 4 petitioner will be more in the nature of academic pursuit of objections. 5. Therefore, to meet the ends of justice, the writ petition stands disposed of by this judgment, in the circumstances of this case: (a)Ext.P4 appeal is disposed of as expeditiously aspossible, preferably within three months from thedate of receipt of a copy of this judgment. (b)Stay granted in Ext.P10 order stands extendedtill the appeal is disposed of and order communicatedto petitioner. (c)No order as to costs. Sd/- S.V.BHATTI JUDGE uu/jjj APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1TRUE COPY OF THE ASSESSMENT ORDERDATED 29.12.2018DATED 29.12.2018 EXHIBIT P2TRUE COPY OF THE DEMAND NOTICE DATED 29.12.2018DATED 29.12.2018 WP(C).No.5533 OF 2020 4 petitioner will be more in the nature of academic pursuit of objections. 5. Therefore, to meet the ends of justice, the writ petition stands disposed of by this judgment, in the circumstances of this case: (a)Ext.P4 appeal is disposed of as expeditiously aspossible, preferably within three months from thedate of receipt of a copy of this judgment. (b)Stay granted in Ext.P10 order stands extendedtill the appeal is disposed of and order communicatedto petitioner. (c)No order as to costs. Sd/- S.V.BHATTI JUDGE uu/jjj APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1TRUE COPY OF THE ASSESSMENT ORDERDATED 29.12.2018DATED 29.12.2018 EXHIBIT P2TRUE COPY OF THE DEMAND NOTICE DATED 29.12.2018DATED 29.12.2018 EXHIBIT P3TRUE COPY OF THE COMPUTATION SHEET DATED 29.12.2018SHEET DATED 29.12.2018 EXHIBIT P4 TRUE COPY OF THE APPEAL DATED 16.1.201916.1.2019 EXHIBIT P5 TRUE COPY OF THE ORDER DATED 14.3.201914.3.2019 EXHIBIT P6 TRUE COPY OF THE STAY PETITION DATED 16.3.2019DATED 16.3.2019 EXHIBIT P7 TRUE COPY OF THE CHALLAN RECEIPT DATED 26.3.2019DATED 26.3.2019 EXHIBIT P8 TRUE COPY OF THE ORDER DATED 26.3.201926.3.2019 EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 27.3.2019 IN WPC 9506/17 EXHIBIT P10 TRUE COPY OF THE ORDER OF STAY ISSUED BY THE 1ST RESPONDENTISSUED BY THE 1ST RESPONDENT EXHIBIT P11TRUE COPY OF THE PETITION FOR EXTENSION OF STAY DATED 26.69.2019EXTENSION OF STAY DATED 26.69.2019 EXHIBIT P12TRUE COPY OF THE COMMUNICATION DATED 14.2.2020DATED 14.2.2020