KADAVALLOOR SERVICE CO-OPERATIVE BANK LTD. NO. 3821 vs. THE INCOME TAX OFFICER
What did the High Court hold?
The High Court disposed of the writ appeals by making its interim orders dated November 8, 2023, and November 14, 2023, absolute. The court directed the Income Tax Appellate Tribunal (ITAT), Cochin Bench, to consider the appeals or stay applications filed by the appellant on November 24, 2023, or any adjourned date, after hearing the appellant. A stay of recovery of amounts confirmed against the appellant was granted pending the disposal of the stay applications/appeals by the Tribunal. The appellant was also directed to retain the re-credited amounts as fixed deposits in the bank pending the Tribunal's orders. The judgment does not record any issue left undecided.
What were the facts?
The appellant, Kadavalloor Service Co-operative Bank Ltd., filed two writ appeals (WA No. 1870 of 2023 and WA No. 1871 of 2023) challenging judgments of the High Court of Kerala dated September 27, 2023, in connected writ petitions. The appeals were filed against the Income Tax Officer and the State Bank of India. The High Court had issued interim orders on November 8, 2023, and November 14, 2023. Subsequent to these orders, the appellant informed the court that the amounts directed to be re-credited had been re-credited. The appeals preferred by the appellant before the Income Tax Appellate Tribunal (ITAT) were listed for hearing on November 24, 2023.
What were the issues?
1. Whether the interim orders passed by the High Court on November 8, 2023, and November 14, 2023, should be made absolute. Assessee's Contention: The appellant bank sought to make the interim orders absolute, noting that the amounts directed to be re-credited had been re-credited and that their appeals before the ITAT were listed for hearing. The appellant also sought a stay on the recovery of amounts confirmed against them pending disposal of their appeals or stay applications before the ITAT. Revenue's Contention: The judgment does not record any specific arguments made by the Revenue (Income Tax Officer) in response to the writ appeals. However, the interim orders were made absolute, and the ITAT was directed to consider the appeals/stay applications.
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Cause title — parties, addresses and appearances
J U D G M E N T Dr. A.K.Jayasankaran Nambiar, J.
Pursuant to our interim orders dated 8.11.2023 and 14.11.2023 in these writ appeals, we have now been informed that the amounts directed to be re-credited to the appellant have since been re-credited. We are also informed that the appeals preferred by the appellant/bank before the Income Tax Appellate Tribunal have been listed for hearing at 10.30 am on 24.11.2023. 2. Taking note of the said developments, we dispose these writ appeals, by making the interim orders dated 8.11.2023 and 14.11.2023 absolute, and by directing the Income Tax Appellate Tribunal, Cochin Bench to consider the appeals or the stay applications preferred by the appellant as indicated in the notice of the Tribunal dated 7.11.2023, on the said date, i.e. 24.11.2023, or on any date to which the Tribunal may adjourn the case, after hearing the appellant. There shall be a stay of recovery of the amounts
W.A.Nos.1870 & 1871 of 2023 confirmed against the appellant by the orders impugned in the writ petitions, pending disposal of the stay applications/appeals, whichever is earlier, by the Tribunal. As already noticed in our order dated 8.11.2023, the appellant shall also ensure that the amounts re- credited in their account are retained as fixed deposit in the bank, pending the passing of orders by the Tribunal in the stay applications/appeals, as the case may be. The Writ Appeals are disposed as above. DR. A.K.JAYASANKARAN NAMBIAR JUDGE DR. KAUSER EDAPPAGATH JUDGE kp
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