Kerala High Court
The Paravur Service Co-Operative Bank ... vs The Income Tax Officer on 23 October, 2019
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
WEDNESDAY, THE 23RD DAY OF OCTOBER 2019 / 1ST KARTHIKA, 1941
WP(C).No.28072 OF 2019(H)
PETITIONER:
THE PARAVUR SERVICE CO-OPERATIVE BANK LTD NO.1801
REPRESENTED BY ITS SECRETARY, PARAVUR.P.O, KOLLAM
DISTRICT, PIN-691301
BY ADVS.
SRI.T.R.HARIKUMAR
SRI.ARJUN RAGHAVAN
RESPONDENTS:
1 THE INCOME TAX OFFICER
WARD-2, OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME
TAX, KOLLAM RANGE, AAYAKAR BHAVAN, KARABALA JUNCTION,
KOLLAM-PIN-691001
2 THE COMMISSIONER OF INCOME TAX (APPEALS)
AAYKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM-PIN-695003.
3 THE REGISTRAR
INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, KENDRIYA
BHAVAN, BLOCK NO.C1 AND C2, 1ST FLOOR, KAKKANAD,
COCHIN-682030
BY ADV.SRI.CHRISTOPHER ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.28072 OF 2019(H) 2
JUDGMENT
Against Ext.P3 rectified order under the Income Tax Act for the assessment year 2017-2018, the petitioner has preferred Ext.P4 appeal together with Ext.P5 stay petition before the 3 rd respondent. Exts.P6, P7 and P8 are the notices issued to the petitioner indicating the coercive steps taken by the respondents for recovery of the tax and penalty. It is the case of the petitioner that even prior to considering the stay petition, recovery steps are taken by the respondents against the petitioner for recovery of the amounts confirmed by Ext.P3 rectified order.
2. I have heard the learned counsel appearing for the petitioner and also the learned Standing counsel appearing for the respondents.
On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I dispose the writ petition with the following directions:
1. The 3rd respondent shall consider and pass reasoned orders on Ext.P5 stay petition within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner.
2. Coercive steps pursuant to Exts.P6, P7 and P8 notices for recovery of amounts confirmed against WP(C).No.28072 OF 2019(H) 3 the petitioner by Ext.P3 rectified order shall be kept in abeyance till such time as orders are passed by the 3rd respondent as directed above and communicated to the petitioner.
3. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 3rd respondent, for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE mns WP(C).No.28072 OF 2019(H) 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2015-2016 DATED 15.12.2017.
EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 17.12.2018 IN ITA NO.242/KLM/KLM/CIT(A)/TVM/2017-18 EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 3.9.2019 IN ITA NO.242/EF/KLM/CIT(A)/TVM/2017-18, ISSUED BY THE 2ND RESPONDENT UNDER SECTION 154 OF THE INCOME TAX ACT.
EXHIBIT P4 A TRUE COPY OF THE APPEAL MEMORANDUM ALONG WITH AFFIDAVIT AND CHELAN DATED 14.10.2019, FILED BEFORE THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH.
EXHIBIT P5 A TRUE COPY OF THE STAY PETITION FILED ALONG WITH EXT-P4 APPEAL DATED 14.10.2019 EXHIBIT P6 A TRUE COPY OF THE NOTICE DATED 12.10.2019 ISSUED BY THE 1ST RESPONDENT EXHIBIT P7 A TRUE COPY OF THE NOTICE DATED 12.10.2019 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 271 B OF THE INCOME TAX ACT EXHIBIT P8 A TRUE COPY OF THE NOTICE DATED 12.10.2019 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 271 (1((C) OF THE INCOME TAX ACT RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE