Wp(C)/9339/2020 Of Ollukkara Service Co-Operative Bank Limited v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 28 DAY OF APRIL, 2020/8TH VAISAKHA, 1942W.P(C) NO.9339 OF 2020 PETITIONER: OLLUKKARA SERVICE CO-OPERATIVE BANK LIMITED, NO.544 REPRESENTED BY ITS SECRETARY, MANNUTHY P.O, THRISSUR DISTRICT, KERALA, PIN-680561 BY ADV. SRI.C. A. JOJO. RESPONDENT/RESPONDENTS: 1. THE INCOME TAX OFFICER, WARD2 (3), AYAKAR BHAVAN, SAKTHAN STAND, THRISSUR-68001 2. THE COMMISSIONER, AYAKAR BHAVAN, SAKTHAN STAND, THRISSUR-68001 3. THE ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, KAKKANAD, COCHIN-682037 COCHIN BENCH, KAKKANAD, COCHIN-682037 SRI. JOSE JOSEPH, SC THIS WRIT PETITION HAVING COME UP FOR ADMISSION ON28.04.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 JUDGMENT I have heard the counsel for the petitioner through video conferencing. I have also heard the standing counsel for income tax who has taken notice onbehalf of respondents. In the nature of the facts and circumstances of the case, thiswrit petition can be disposed of. 2. Petitioner is an income tax assessee and the issue relates to the assessment year 2009-10. By Ext. P1, the 1[st] respondent disallowedpetitioner’s claim for detection under Section 80P of the Income Tax Actand demanded an amount of Rs.12,88,300/- as tax. Appeal filed againstExt.P1 was allowed. However, by Ext.P3, a revised order was passed asExt.P3. Appeal against Ext.P3 was preferred as Ext.P4 and the same ispending. 3. While the appeal is pending, 1[st] and 2[nd] respondents are initiatingrecovery proceedings to recover the tax allegedly due. 4. I find force in the contention of the counsel for the petitionerthat if the respondents proceed with coercive steps pending considerationof the statutory appeal, the same will be rendered redundant and petitionerwill be put to severe difficulties. 3 W.P.(C) No. 9339/2020 In such circumstances, I dispose of the writ petition by directing thethird respondent to consider and dispose of Ext.P4 appeal within a period of six months. Till the appeal is disposed of, no proceedings for recoveryof the amount due under the assessment order shall be initiated as against the petitioner. Sd/- BECHU KURIAN THOMAS, JUDGE 4 W.P.(C) No. 9339/2020 APPENDIX PETITIONERS EXTS: EXHIBIT-P1: A TRUE COPY OF THE ASSESSMENT ORDER DATED 15.12.2016AY 2009-10 ISSUED BY THE FIRST RESPONDENT EXHIBIT P2:. A TRUE COPY OF THE DEMAND NOTICE DATED 15.12.2016ISSUED BY THE FIRST RESPONDENT. EXHIBIT P3. A TRUE COPY OF THE APPELLATE ORDER DATED 29.11.2019 FOR AY 2009-10 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4.A TRUE COPY OF THE APPEAL WITH PETITION FILED BEFORETHE3RD RESPONDENT FOR AY 2009-10 DATED 29.01.2020