EDARIKODE SERVICE CO-OPERATIVE BANK LIMITED, vs. THE INCOME TAX OFFICER,
What did the High Court hold?
The High Court disposed of the writ petition by directing the second respondent, the Commissioner of Income Tax (Appeals), to consider and dispose of the stay petitions (Exts.P8, P10, and P12) within two months and the appeals (Exts.P7, P9, and P11) as expeditiously as possible, preferably within three months from the date of receipt of a copy of the judgment. The court also granted a stay of recovery pursuant to the orders impugned in the respective appeals. The reasoning was based on the circumstances of the case, implying a need for timely adjudication of the petitioner's grievances. No specific issue was left undecided; the court provided a clear timeline for action.
What were the facts?
The petitioner, Edarikode Service Co-operative Bank Limited, represented by its Secretary, filed a writ petition before the High Court of Kerala. The petitioner sought a direction for the second respondent, the Commissioner of Income Tax (Appeals), to expeditiously consider and dispose of several stay petitions (Exts.P8, P10, and P12) and appeals (Exts.P7, P9, and P11). The respondents in the writ petition were various income tax authorities, including the Income Tax Officer, the Commissioner of Income Tax (Appeals), the Assistant Commissioner of Income Tax, and the Joint Commissioner of Income Tax, along with the District Co-operative Bank, Malappuram. The writ petition was filed on March 29, 2019.
What were the issues?
1. Whether the High Court should direct the Commissioner of Income Tax (Appeals) to expeditiously dispose of pending stay petitions and appeals filed by the assessee? (Question of procedure and administrative efficiency). The petitioner argued for a speedy resolution of their pending appeals and stay applications. The revenue did not appear to have made any specific arguments recorded in the judgment regarding the disposal of these matters, as the focus was on the court's direction.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT Heard Sri. C.A Jojo, the learned counsel for the petitioner and Sri. Christopher Abraham, the learned Senior Government Pleader.
The petitioner prays for a direction to the second respondent to consider and dispose of Exts.P8, P10 and P12 stay petitions and Exts.P7, P9 and P11 appeals expeditiously.
Having regard to the circumstances of the case the writ petition is disposed of directing the second respondent to consider and dispose of Exts.P8, P10 and P12 stay petitions within two months and Exts.P7, P9 and P11 appeals as expeditiously as possible, preferably within three months from the date of receipt of a copy of this judgment. There shall be a stay of recovery pursuant to the orders impugned in the respective appeals. S.V.BHATTI JUDGE Ac APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 AOF THE ASSESSMENT ORDER FOR AY 2008-09 DATED 22/02/2016 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P2 AOF THE DEMAND NOTICE FOR RS.40,87,590/- DATED 22/02/2016 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P3 AOF THE ASSESSMENT ORDER FOR AY 2015-16 DATED 27/12/2017 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P4 AOF THE DEMAND NOTICE FOR RS.14,28,4670/- DATED 27/12/2017 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P5 AOF THE ASSESSMENT ORDER FOR AY 2016-17 DATED 28/12/2018 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P6 A TR5UE COPY OF THE DEMAND NOTICE FOR RS.1,06,84,145/- DATED 28/12/2018 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P7 AOF THE APPEAL FOR AY 2008- 09 DATED 08/04/2016 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P8 AOF THE STAY PETITION FOR AY 2008-09 DATED 08/04/2016 BEFORE THE 2ND RESPONDENT. EXHIBIT P9 AOF THE APPEAL FOR AY 2015- 16 DATED 28/01/2018 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P10 AOF THE STAY PETITION FOR AY 2015-16 DATED 27/02/2018 BEFORE THE 2ND RESPONDENT. EXHIBIT P11 AOF THE APPEAL FOR AY 2016- 17 DATED 26/01/2019 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P12 AOF THE STAY PETITION FOR AY 2016-17 DATED 01/02/2019 BEFORE THE 2ND RESPONDENT.
EXHIBIT P13 AOF THE NOTICE DATED 28/01/2019 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P14 AOF THE LETTER DATED 26/03/2019 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS : NIL //// PA TO JUDGE
Recent GST High Court judgments
Search GST case law →- M/S Chicvogue Fashions Lip, Ganjam vs. State Tax Officer Bhubaneswar- Ii CircleOrissa · 31 Oct 2026
- M/S Priya, Townhall Road, Cuttack vs. Superintendent Cuttack- I Range, CuttackOrissa · 31 Oct 2026
- Dwaraka Jewellers, Bhubaneswar vs. Superintendent, CGST And Central Excise, BhubaneswarOrissa · 31 Oct 2026
- M/S N D Waddar And Co vs. Sri Gaurav GuptaKarnataka · 30 Oct 2026
- Kanwar Enterprises Private Limited vs. The Joint Commissioner - State TaxTelangana · 30 Oct 2026