Wp(C)/9349/2022 Of Pathiyoor Farmers Service Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 24 DAY OF MARCH 2022 / 3RD CHAITHRA, 1944WP(C) NO. 9349 OF 2022 PETITIONER: PATHIYOOR FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.1282, KEERIKAD P.O., ALAPPUZHA, PIN-690 508, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV O.D.SIVADAS RESPONDENTS: 1THE INCOME TAX OFFICER,WARD NO.III, ALAPPUZHA, PIN-688 001.WARD NO.III, ALAPPUZHA, PIN-688 001. 2THE JOINT COMMISSIONER OF INCOME TAX, RANGE 1, KOTTAYAM, PIN-686 002. BY ADV.JOSE JOSEPH - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BECHU KURIAN THOMAS, J. =========================== W.P.(C) No.9349 of 2022 ============================ Dated this the 24[th] day of March, 2022 JUDGMENT Petitioner is aggrieved by notice issued under Section 148 of the Income Tax Act proposing to conduct assessment for the years2013-14, 2014-15 and 2015-16. 2.After hearing the learned counsel for the petitioner,Shri.O.D.Sivadas, as well as the learned standing counsel, Shri.JoseJoseph, I am of the view that this writ petition is too premature andthe challenge against notice under Section 148 is not required to beentertained at this stage. After hearing the learned counsel for the petitioner, 3.However, learned counsel for the petitioner invited myattention to Ext.P10, Ext.P11 and Ext.P12, specifying the reasons forre-opening of the assessment, under Section 151 of the Income TaxAct. According to the learned counsel, the reasons for re-openingare not legally tenable and the approval granted by the Joint Commissioner of Income Tax is legally invalid as he had not appliedhis mind to the facts and circumstances of the case. Learnedcounsel for the petitioner also contended that the proposedassessment is barred by limitation. 4.The assessee is alleged to have not filed its returns for allthe assessment years and approval has been obtained under Section151 of the Act to issue notice. Having regard to the circumstancesof the case, I am of the view that this writ petition is too prematureand that the petitioner will be at liberty to challenge the assessmentproceedings, taking up all the above mentioned contention, if ordersare passed, prejudicial to the interest of the petitioner. Thusreserving the liberty of the petitioner to challenge the order ofassessment, if any, issued prejudicial to the petitioner, this writpetition is closed, leaving open all contentions. Sd/- BECHU KURIAN THOMAS JUDGE APPENDIX OF WP(C) 9349/2022 PETITIONERS’ EXHIBITS Exhibit P3TRUE COPY OF THE NOTICE DATED 26.03.2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE ASSESSMENT YEAR 2015-16.ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE ASSESSMENT YEAR 2015-16. Exhibit P4TRUE COPY OF THE REPLY DATED 31.03.2021 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2013-14.SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2013-14. Exhibit P5TRUE COPY OF THE REPLY DATED 11.04.2021 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2014-15.SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2014-15. Exhibit P6TRUE COPY OF THE REPLY DATED 11.04.2021 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2015-16.SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2015-16.Exhibit P7TRUE COPY OF THE ORDER DATED 10.03.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE ASSESSMENT YEAR 2013-14.ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE ASSESSMENT YEAR 2013-14. Exhibit P8TRUE COPY OF THE ORDER DATED 10.03.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE ASSESSMENT YEAR 2014-15.ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE ASSESSMENT YEAR 2014-15. Exhibit P6TRUE COPY OF THE REPLY DATED 11.04.2021 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2015-16.SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2015-16.Exhibit P7TRUE COPY OF THE ORDER DATED 10.03.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE ASSESSMENT YEAR 2013-14.ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE ASSESSMENT YEAR 2013-14. Exhibit P8TRUE COPY OF THE ORDER DATED 10.03.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE ASSESSMENT YEAR 2014-15.ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE ASSESSMENT YEAR 2014-15. Exhibit P9TRUE COPY OF THE ORDER DATED 10.03.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER, FOR THE ASSESSEMENT YEAR 2015-16.ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER, FOR THE ASSESSEMENT YEAR 2015-16. Exhibit P10TRUE COPY OF THE APPROVAL ISSUED BY THE 2ND RESPONDENT FOR THE PERIOD 2013-14 DATED 25.03.2021.RESPONDENT FOR THE PERIOD 2013-14 DATED 25.03.2021. Exhibit P11TRUE COPY OF THE APPROVAL ISSUED BY THE 2ND RESPONDENT FOR THE PERIOD 2014-15 DATED RESPONDENT FOR THE PERIOD 2014-15 DATED WP(C) NO. 9349 OF 2022 25.03.2021. Exhibit P12TRUE COPY OF THE APPROVAL ISSUED BY THE 2ND RESPONDENT FOR THE PERIOD 2015-16 DATED 26.03.2021.