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

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 24TH DAY OF MARCH 2015/3RD CHAITHRA, 1937 WP(C).No. 9237 of 2015 (D) --------------------------- PETITIONER(S): -------------------------- THE KASARAGOD DISTRICT CO-OPERATIVE BANK LTD., PB NO.48, NAYAKS ROAD, KASARAGOD, REPRESENTED BY ITS GENERAL MANAGER, ANIL KUMAR, AGED 41 YEARS, S/O.AIYYAPPAN PILLAI. BY ADV. SRI.JAWAHAR JOSE. RESPONDENT(S): ---------------------------- 1. THE COMMISSIONER OF INCOME TAX (APPEALS), KOZHIKODE. KOZHIKODE. 2. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-I, KANNUR RANGE, KANNUR. BY ADV. SRI.K.M.V.PANDALAI, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C).No. 9237 of 2015 (D) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1COPY OF THE ASSESSMENT ORDER DATED 05/02/2015 FOR THEASSESSMENT YEAR 2012-2013.ASSESSMENT YEAR 2012-2013. EXT.P2COPY OF THE NOTICE UNDER SECTION 156 OF THE INCOME TAX ACT. EXT.P3COPY OF THE NOTICE UNDER SECTION 271 OF THE INCOME TAX ACT. EXT.P4COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5COPY OF THE ORDER DATED 10/03/2015 ISSUED BY THE 2ND RESPONDENT.2ND RESPONDENT. EXT.P6COPY OF THE ASSESSMENT ORDER DATED 02/03/2015 FOR THE ASSESSMENT YEAR 2009-2010.ASSESSMENT YEAR 2009-2010. EXT.P7COPY OF THE ORDER DATED 12/03/2015 ISSUED BY THE 2ND RESPONDENT.2ND RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs. A.K.JAYASANKARAN NAMBIAR, J. =========================================== W.P.(C). No. 9237 of 2015 =====================================================Dated this the 24[th] day of March, 2015 JUDGMENT Against Ext.P1 assessment order passed under the IncomeTax Act, for the assessment year 2012-2013, the petitionerpreferred Ext.P4 appeal before the 1[st] respondent appellateauthority. It is pointed out that pursuant to a demand ofRs.54,03,750/- that was raised on the petitioner, consequent to theassessment order, the respondents have already adjusted anamount of Rs.27,08,245/-, which was due to the petitioner by wayof refund, as discernible from Ext.P6 order. The adjustmenteffected by the respondents resulted in the outstanding liability ofthe petitioner for the assessment year 2012-13 being reduced toRs.26,95,500/-. It is the case of the petitioner that, inasmuch asthe said amount of Rs.27,08,245/- has been adjusted by therespondents towards the liability for the assessment year 2012-13,a direction may be issued to the appellate authority to consider andpass orders in the appeal itself, without insisting on any furtherdeposit of tax as a condition for the grant of stay pending disposalof the appeal. 2.I have heard the learned counsel appearing for thepetitioner and the learned Standing Counsel appearing for the W.P.(C). No. 9237 of 2015 respondents. 3.On a consideration of the facts and circumstances ofthe case and the submissions made across the bar, and inparticular, taking note of the fact that an amount of Rs.27,08,245/-has already been adjusted by the 1[st] respondent against theliability for the assessment year 2012-13, I dispose the writpetition with a direction to the 1[st] respondent to consider and passorders on Ext.P4 appeal filed by the petitioner before the 1[st]respondent, within a period of two months from the date of receiptof a copy of this judgment, after hearing the petitioner. The recovery steps pursuant to Ext.P7 notice shall be kept inabeyance till such time as the 1[st] respondent passes orders, asdirected, and communicates the same to the petitioner. Sd/-A.K.JAYASANKARAN NAMBIAR JUDGE das