THE KANHIKULAM SERVICE CO-OPERATIVE BANK LTD vs. THE INCOME TAX OFFICER

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WP(C)/7649/2019HC KeralaKLHC01019019201914 March 2019Author: HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE3 pages
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What did the High Court hold?

The High Court directed the second respondent, the Commissioner of Income Tax (Appeals), to take a decision on the stay application (Ext.P3) within two months. The Court further ordered that recovery proceedings pursuant to the impugned assessment order shall be kept in abeyance until a decision is taken on the stay application. The principle derived is that appellate authorities should endeavor to dispose of stay applications expeditiously, and recovery can be stayed pending such disposal.

What were the facts?

The petitioner, The Kanhikulam Service Co-operative Bank Ltd., challenged an assessment order under the Income Tax Act by filing an appeal before the Commissioner of Income Tax (Appeals), the second respondent. Along with the appeal, the petitioner also filed a stay application. The present writ petition was filed before the High Court of Kerala at Ernakulam seeking a direction for the disposal of the stay application.

What were the issues?

1. Whether the second respondent (Commissioner of Income Tax (Appeals)) should be directed to decide the stay application filed by the petitioner? Assessee's Contention: The petitioner sought a direction for the expeditious disposal of its stay application filed along with the appeal against the assessment order. Revenue's Contention: No specific contention is recorded for the revenue in this judgment.

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 THURSDAY ,THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940 WP(C).No. 7649 of 2019 PETITIONER: THE KANHIKULAM SERVICE CO-OPERATIVE BANK LTD CO-OPERATIVE BANK LIMITED, NO. F-1086, KANJIKULAM P.O, PALAKKAD - 678 596, REPRESENTED BY ITS SECRETARY, K. SASIDHARAN, AGED 57, S/O. K. KRISHNANKUTTY MENON BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS: 1 THE INCOME TAX OFFICER WARD 1 AND TPS, AYAKAR BHAVAN, PALAKKAD - 678 014 2 THE COMMISSIONER OF INCOME TAX (APPEALS) SAKTHAN NAGAR, THRISSUR - 680 021 THUSHARA JAMES GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7649 of 2019 ..2..

JUDGMENT The petitioner, impugning Ext.P1 assessment order under the Income Tax Act, filed Ext.P2 appeal before the 2nd respondent. The petitioner also filed Ext.P3 stay application.

2.

In view of the above, there shall be a direction to the 2nd respondent to take a decision on Ext.P3 stay application within two months. Till then, recovery proceedings pursuant to the impugned order in the appeal shall be kept in abeyance. The Writ Petition is disposed as above. A.MUHAMED MUSTAQUE JUDGE PR/14.03.2019

WP(C).No. 7649 of 2019 ..3.. APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2016-17, DATED 26/12/2018 EXHIBIT P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2016-17, DATED 16/01/2019 EXHIBIT P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2016-17 DATED 16/01/2019

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