Wp(C)/7795/2016 Of The Ananthavoor Service Co-Operative Bank Limited v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 1ST DAY OF MARCH 2016/11TH PHALGUNA, 1937 WP(C).No. 7795 of 2016 (Y) --------------------------- PETITIONER : ----------------- THE ANANTHAVOOR SERVICE CO-OPERATIVE BANK LIMITED NO. F1545, REPRESENTED BY ITS THE SECRETARY SHRI. ALIAVI, K., AGED 52 YEARS, ANANTHAVOOR P.O., VIA THIRUNAVAYA, MALAPPURAM PIN - 676301. BY ADVS.SRI.C.A.JOJO SRI.JACOB CHACKO SRI.MATHEWS JOSEPH RESPONDENTS : ---------------------- 1. THE INCOME TAX OFFICER, WARD NO. - 1, OFFICE OF THE INCOME TAX OFFICE, TARIFF BAZAR, OPP. TOWN HALL, TIRUR - 676101. OFFICE OF THE INCOME TAX OFFICE, TARIFF BAZAR, OPP. TOWN HALL, TIRUR - 676101. 2. THE COMMISSIONER OF INCOME TAX (APPEALS), OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS), KOZHIKODE - 673001. R1 & R2 BY SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: bp WP(C).No. 7795 of 2016 (Y) APPENDIX PETITIONER'S EXHIBITS : P1:COPY OF THE ASSESSMENT ORDER 30/1/2015 FOR AY 2009-10. P2:COPY OF THE ASSESSMENT ORDER 30/1/2015 FOR AY 2010-11. P3:COPY OF THE ASSESSMENT ORDER 30/1/2015 FOR AY 2011-12. P4:COPY OF THE ASSESSMENT ORDER 30/1/2015 FOR AY 2012-13. P5:COPY OF THE APPEAL FOR AY 2009-10 DT 25/2/2015. P6:COPY OF THE STAY PETITION 25/2/2015 FOR AY 2009-10. P7:COPY OF THE APPEAL FOR AY 2010-11 DT 25/2/2015. P8:COPY OF THE STAY PETITION DT 25/2/2015 FOR AY 2010-11. P9:COPY OF THE APPEAL FOR AY 2011-12 DT 25/2/2015.P10:COPY OF THE SAY PETITION DT 25/2/2015 FOR AY 2011-12.P11:COPY OF THE APPEAL FOR AY 2012-13 DT 25/2/2015.P12:COPY OF THE STAY PETITION DT 25/2/2015 FOR AY 2012-13.P13:COPY OF THE ORDER ON STAY PETITION DT 5/10/2015 BY R2.P14:COPY OF THE STAY PETITION DT 9/10/2015 BEFORE ITAT, COCHIN BENCH.P10:COPY OF THE SAY PETITION DT 25/2/2015 FOR AY 2011-12.P11:COPY OF THE APPEAL FOR AY 2012-13 DT 25/2/2015.P12:COPY OF THE STAY PETITION DT 25/2/2015 FOR AY 2012-13.P13:COPY OF THE ORDER ON STAY PETITION DT 5/10/2015 BY R2.P14:COPY OF THE STAY PETITION DT 9/10/2015 BEFORE ITAT, COCHIN BENCH. P15:COPY OF THE ORDER ON STAY PETITION DT 29/1/2016 BY THE ITAT. RESPONDENT'S EXHIBITS : NIL. //TRUE COPY// P.A. TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. .............................................................W.P.(C).No.7795 Of 2016 .............................................................Dated this the 1[st] day of March, 2016 J U D G M E N T Against Exts.P1 to P4 assessment orders under theIncome Tax Act, the petitioner has preferred Exts.P5, P7, P9 andP11 appeals before the 2[nd] respondent. In the stay applications thatwere filed along with the appeals, the 2[nd] respondent passedExt.P13 order dismissing the stay applications stating that thepetitioner was not ready to accept the offer of payment of 50% ofthe amounts confirmed against him by the assessment order as acondition for grant of stay. Ext.P13 order is impugned in the writpetition. 2. I have heard the learned counsel for the petitioner andalso the learned Standing counsel for the respondents. 3. On a consideration of the facts and circumstances of thecase as also the submissions made across the bar, I find that theissue involved in the appeals pending before the 2[nd] respondent is W.P.(C). No.7795 of 2016 2. I have heard the learned counsel for the petitioner andalso the learned Standing counsel for the respondents. 3. On a consideration of the facts and circumstances of thecase as also the submissions made across the bar, I find that theissue involved in the appeals pending before the 2[nd] respondent is W.P.(C). No.7795 of 2016 the entitlement of the petitioner to the benefit of Section 80 P ofthe Income Tax Act. I note that a number of income tax appeals onthe same issue have since been decided by this Court in favour ofthe assessee, and therefore, the petitioner would prima facie beentitled to the benefit of these judgments. Taking note of the saidfact, I am of the view that, Ext.P13 order to the extent it dismissesthe stay applications filed by the petitioner pending disposal of theappeals cannot be legally sustained. Accordingly, I quash Ext.P13order and direct the 2[nd] respondent to consider and pass orderson Exts.P5, P7, P9 and P11 appeals within a period of threemonths after hearing the petitioner. It is made clear that recoverysteps for recovery of amounts confirmed against the petitioner byExts.P1 to P4 assessment orders shall be kept in abeyance till suchtime as orders are passed by the 2[nd] respondent as directed aboveand communicated to the petitioner. The petitioner shall producea copy of the judgment along with a copy of the writ petitionbefore the 2[nd] respondent for further action. A.K.JAYASANKARAN NAMBIAR JUDGE W.P.(C). No.7795 of 2016 -3-