Wp(C)/8828/2020 Of The Madai Co-Operative Rural Bank Ltd v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 27TH DAY OF JULY 2020/5TH SRAVANA, 1942W.P(C).No.8828 OF 2020(C) PETITIONER: THE MADAI CO-OPERATIVE RURAL BANK LTD.PAYANGADI .P.O, KANNUR-670303, REPRESENTED BY ITS SECRETARY P.VIMALA. BY ADVS.SRI.S.ARUN RAJ SMT.C.T.SUJA RESPONDENTS: 1INCOME TAX OFFICERWARD-1 AND TPS,AAYAKAR BHAVAN, KANNUR-670006. 2THE COMMISSIONER OF INCOME TAX(APPEALS),OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS),NORTH BLOCK,MANANCHIRA, KOZHIKODE-673001. BY SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FORADMISSION ON 27.07.2020, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: J U D G M E N T Against Exts.P1 and P2 assessment orders under theIncome Tax Act, the petitioner has preferred Exts.P3 and P4appeals together with Exts.P5 and P6 stay petitions before the 2[nd]respondent. It would appear that by Ext.P7 order passed by the2[nd] respondent in the stay petition, the petitioner was directed topay 20% of the disputed amount as a condition for stay of thebalance amount pending disposal of the appeal. 2.The learned counsel for the petitioner would pointout that in similar matter this Court has directed the appellateauthority to pass final orders in the appeal and to refrain fromcoercive steps for recovery of any amount in pending disposal ofthe appeal by the appellate authority. Taking note of the said submission and finding that insimilar matters this Court has granted an interim stay of recoveryproceedings, pending disposal of the appeal by the appellateauthority, I quash Ext.P7 order and dispose the writ petition by directing the 2[nd] respondent to consider and pass orders onExts.P3 and P4 appeals within an outer time limit of six monthsfrom the date of receipt of a copy of this judgment, after hearingthe petitioner. Recovery steps for recovery of amounts confirmedagainst the petitioner by Exts.P1 and P2 assessment orders shallbe kept in abeyance till such time as orders are passed by the 2[nd]respondent as directed above and the order communicated to thepetitioner. The petitioner shall produce a copy of this judgmenttogether with a copy of the writ petition before the 2[nd]respondent for further action. Sd/-A.K.JAYASANKARAN NAMBIAR JUDGE W.P.(C).No.8828/2020 :: 4 :: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT 1TRUE COPY OF THE ASSESSMENT ORDER DATED17.12.2016 PASSED BY THE 1ST RESPONDENT ANDTHE DEMAND NOTICE FOR THE AY-2014-1517.12.2016 PASSED BY THE 1ST RESPONDENT ANDTHE DEMAND NOTICE FOR THE AY-2014-15 EXHIBIT P1TRUE COPY OF THE ASSESSMENT ORDER DATED21.12.2018 PASSED BY THE 1ST RESPONDENT ANDTHE DEMAND NOTICE FOR THE AY 2016-1721.12.2018 PASSED BY THE 1ST RESPONDENT ANDTHE DEMAND NOTICE FOR THE AY 2016-17 EXHIBIT P2TRUE COPY OF THE ASSESSMENT ORDER DATED21.12.2018 PASSED BY THE 1ST RESPONDENT ANDTHE DEMAND NOTICE FOR THE 2016-1721.12.2018 PASSED BY THE 1ST RESPONDENT ANDTHE DEMAND NOTICE FOR THE 2016-17 EXHIBIT P3TRUE COPY OF THE STATUT0RY FIRST APPEALFILED BY THE PETITIONER SOCIETY BEFORE THESECOND RESPONDENT FOR THE AY 2014-15FILED BY THE PETITIONER SOCIETY BEFORE THESECOND RESPONDENT FOR THE AY 2014-15 EXHIBIT P4TRUE COPY OF THE STATUTORY FIRST APPEALFILED BY THE PETITIONER SOCIETY BEFORE THESECOND RESPONDENT FOR THE AY 2016-17FILED BY THE PETITIONER SOCIETY BEFORE THESECOND RESPONDENT FOR THE AY 2016-17 EXHIBIT P5TRUE COPY OF THE STAY PETITION FILED BY THEPETITIONER SOCIETY BEFORE THE SECONDRESPONDENT FOR THE AY 2014-15PETITIONER SOCIETY BEFORE THE SECONDRESPONDENT FOR THE AY 2014-15 EXHIBIT P6TRUE COPY OF THE STAY PETITION FILED BY THEPETITIONER SOCIETY BEFORE THE SECONDRESPONDENT FOR THE AY 2016-17PETITIONER SOCIETY BEFORE THE SECONDRESPONDENT FOR THE AY 2016-17 EXHIBIT P3TRUE COPY OF THE STATUT0RY FIRST APPEALFILED BY THE PETITIONER SOCIETY BEFORE THESECOND RESPONDENT FOR THE AY 2014-15FILED BY THE PETITIONER SOCIETY BEFORE THESECOND RESPONDENT FOR THE AY 2014-15 EXHIBIT P4TRUE COPY OF THE STATUTORY FIRST APPEALFILED BY THE PETITIONER SOCIETY BEFORE THESECOND RESPONDENT FOR THE AY 2016-17FILED BY THE PETITIONER SOCIETY BEFORE THESECOND RESPONDENT FOR THE AY 2016-17 EXHIBIT P5TRUE COPY OF THE STAY PETITION FILED BY THEPETITIONER SOCIETY BEFORE THE SECONDRESPONDENT FOR THE AY 2014-15PETITIONER SOCIETY BEFORE THE SECONDRESPONDENT FOR THE AY 2014-15 EXHIBIT P6TRUE COPY OF THE STAY PETITION FILED BY THEPETITIONER SOCIETY BEFORE THE SECONDRESPONDENT FOR THE AY 2016-17PETITIONER SOCIETY BEFORE THE SECONDRESPONDENT FOR THE AY 2016-17 EXHIBIT P7TRUE COPY OF THE ORDER DATED 13-3-2020PASSED BY THE 2ND RESPONDENT DISPOSING THESTAY PETITIONS.PASSED BY THE 2ND RESPONDENT DISPOSING THESTAY PETITIONS. RESPONDENTS EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE