THE MAYYANAD REGIONAL CO-OPERATIVE BANK LTD. vs. THE INCOME TAX APPELLATE AUTHORITY

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WP(C)/17422/2019HC KeralaKLHC01044631201926 June 2019Author: HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE4 pages
AI SummaryRemanded

What did the High Court hold?

The High Court directed the Appellate Authority to dispose of the stay application within four weeks. Until the stay application is disposed of, recovery proceedings pursuant to the assessment order for the year 2016-2017 shall be kept in abeyance. Furthermore, there shall be a direction not to effect recovery for the assessment year 2014-2015 until the stay application is disposed of. The writ petition was disposed of with these directions. The court did not decide on the merits of the appeals themselves, but rather on the procedural aspect of recovery pending adjudication of stay applications.

What were the facts?

The petitioner, The Mayyanad Regional Co-operative Bank Ltd., filed an Income Tax Appeal for assessment years 2014-2015 and 2016-2017. A previous writ petition (W.P.(C) No.9449/2019) resulted in a direction for the Appellate Authority to consider the stay application concerning the assessment order for 2016-2017 and to refrain from recovery steps until disposal. Subsequently, the petitioner received a recovery notice (Ext.P3) for both assessment years 2014-2015 and 2016-2017. This writ petition challenges the said recovery notice.

What were the issues?

1. Whether the recovery notice issued for assessment years 2014-2015 and 2016-2017 is valid in light of the pending appeals and stay applications before the Appellate Authority? (Question of law and fact) Assessee's Contention: The assessee argued that the recovery notice is premature and contrary to the spirit of the pending appeals and the previous court directions. They relied on the principle that recovery should not be pursued while a stay application is under consideration. Revenue's Contention: The judgment does not record any specific contentions from the revenue regarding this issue.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 26TH DAY OF JUNE 2019 / 5TH ASHADHA, 1941 WP(C).No.17422 of 2019 PETITIONER/S: THE MAYYANAD REGIONAL CO-OPERATIVE BANK LTD. MAYYANAD BANK BUILDING, MAYYANAD, KOLLAM-691303, REPRESENTED BY ITS CHIEF EXECUTIVE. BY ADVS. SRI.V.JAYAPRADEEP SRI.ALAN PRIYADARSHI DEV SMT.ANN SUSAN GEORGE SRI.D.S.LOKANATHAN SMT.O.A.NURIYA RESPONDENT/S: 1 THE INCOME TAX APPELLATE AUTHORITY THE COMMISSIONER OF INCOME TAX (APPEALS), THIRUVANANTHAPURAM. 2 THE INCOME TAX OFFICER, WARD NO.4, KOLLAM. MATHEW GEORGE VADAKKEL GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.17422/2019 2

JUDGMENT The petitioner filed an Income Tax Appeal as against the assessment years 2014-2015 and 2016- 2017. This Court directed the Appellate Authority to consider the stay application as against the assessment order for the year 2016- 2017 as per the judgment in W.P.(C) No.9449/2019. There was also a direction not to take recovery steps till the stay application is disposed of. In the meanwhile, the petitioner has been served with Ext.P3 recovery notice for the assessment years 2014-2015 and 2016-2017. The said notice is under challenge in this writ petition. In the light of the fact that the petitioner has filed an appeal as per Ext.P1 for the assessment year 2014-2015, there shall be a direction to the Apellate Authority to dispose the stay application within four weeks. Till then, recovery proceedings pursuant to the assessment order for the year 2016-2017 shall be kept in abeyance. There shall also be a direction

WP(C).No.17422/2019 3 not to effect recovery for the assessment year 2014-2015 till the stay application is disposed of. The stay application shall be disposed within four weeks. The writ petition is disposed of as above. A.MUHAMED MUSTAQUE JUDGE ln

WP(C).No.17422/2019 4

Appendix — schedule of exhibits
APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 THE COPY OF THE APPEAL & STAY PETITION DATED 21.01.2017. EXHIBIT P2 THE COPY OF THE JUDGMENT IN WPC NO.9449/2019 DATED 27.03.2019. EXHIBIT P3 COPY OF THE LATEST RECOVERY NOTICE DATED 22.05.2019. RESPONDENTS EXHIBITS:NIL. //TRUE COPY// P.A.TO JUDGE

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