THE KAZHAKUTTAM SERVICE CO-OPERATIVE BANK LTD. NO.1457 vs. THE INCOME TAX OFFICER

WP(C)/31065/2022HC KeralaKLHC01065916202229 September 2022Author: HONOURABLE MR. JUSTICE GOPINATH P.3 pages

AI SummaryRemanded

What did the High Court hold?

The High Court of Kerala, considering the facts and circumstances, disposed of the Writ Petition. It ordered that all steps for recovery of amounts due under the assessment order (Ext.P1), as confirmed by the first appellate order (Ext.P2), shall remain stayed until the Income Tax Appellate Tribunal passes an order on the stay petition (Ext.P4). The Tribunal's decision on the stay petition is awaited. The High Court did not decide the merits of the appeal itself but provided interim relief by staying recovery proceedings.

What were the facts?

The petitioner, Kazhakuttam Service Co-operative Bank Ltd., is aggrieved by an order of assessment (Ext.P1) and a subsequent order rejecting its first appeal (Ext.P2). The petitioner has filed a further appeal before the Income Tax Appellate Tribunal (3rd respondent) along with a stay petition (Ext.P4). The petitioner apprehends recovery of amounts due pending the Tribunal's decision on the stay petition. The Writ Petition (Civil) was filed before the High Court of Kerala seeking relief concerning this apprehension.

What were the issues?

1. Whether the High Court should intervene in the pending appellate proceedings before the Income Tax Appellate Tribunal to grant a stay on recovery. Assessee's Contention: The petitioner apprehends recovery of amounts due under the assessment order and the first appellate order pending the consideration of its stay petition by the Income Tax Appellate Tribunal. Revenue's Contention: The revenue, represented by the Standing Counsel, was heard. No specific arguments or reliance on authorities were recorded for the revenue in the 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 GOPINATH P. THURSDAY, THE 29TH DAY OF SEPTEMBER 2022 / 7TH ASWINA, 1944 WP(C) NO. 31065 OF 2022 PETITIONER: THE KAZHAKUTTAM SERVICE CO-OPERATIVE BANK LTD. NO.1457 AGED 50 YEARS REPRESENTED BY ITS SECRETARY, KAZHAKUTTAM P.O, THIRUVANANTHAPURAM DISTRICT. PIN - 695582 BY ADVS. ARJUN RAGHAVAN T.R.HARIKUMAR RESPONDENTS: 1 THE INCOME TAX OFFICER WARD-2(1), OFFICE OF THE INCOME TAX OFFICER, AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM., PIN - 695003 2 THE COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN - 695003 3 THE REGISTRAR INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, KENDRIYA BHAVAN, BLOCK NO.C1 & C2, 1ST FLOOR, KAKKANAD, COCHIN., PIN - 682030 4 THE TREASURY OFFICER SUB-TREASURY, KAZHAKOOTTAM, THIRUVANANTHAPURAM., PIN - 695582 5 THE DISTRICT TREASURY OFFICER ANAKKACHERY BUILDING,STATUE, PALAYAM, THIRUVANANTHAPURAM, PIN - 695001 6 THE TREASURY DIRECTOR DIRECTORATE OF TREASURIES, KRISHNA BUILDINGS, THYCAUD P.O, THIRUVANATHAPURAM, PIN - 695014 7 THE KERALA STATE CO-OPERATIVE BANK REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, P.B NO.6515, CO-BANK TOWERS, PALAYAM, THIRUVANATHAPURAM, PIN - 695033 BY ADVS. JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALA THOMAS ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P. (C.) No. 31065 of 2022 ..2..

J U D G M E N T The petitioner aggrieved by Ext.P1 order of assessment preferred Ext.P3 first appeal which has been rejected by Ext.P2 order. The petitioner has preferred a further appeal before the Income Tax Appellate Tribunal (3rd respondent herein) along with an application for stay. The appeal is produced as Ext. P3 and the stay petition is produced as Ext. P4. The learned counsel for the petitioner apprehends recovery pending consideration of the stay petition by the Tribunal. Having heard the learned Standing Counsel and having regard to the facts and circumstances of the case, the Writ Petition is disposed of. All steps for recovery of amounts due under Ext.P1 as confirmed by Ext.P2 shall remain stayed until orders are passed on Ext.P4 by the 3rd respondent, Income Tax Appellate Tribunal. GOPINATH P. JUDGE RMV

W.P. (C.) No. 31065 of 2022 ..3.. APPENDIX OF WP(C) 31065/2022 PETITIONER EXHIBITS Exhibit-P1 AOF THE ASSESSMENT ORDER ALONG WITH COMPUTATION SHEET AND NOTICE OF DEMAND DATED 20-12-2019 Exhibit-P2 AOF THE ORDER DATED 30-07-2022 ISSUED BY THE 2ND RESPONDENT Exhibit-P3 AOF THE APPEAL MEMORANDUM ALONG WITH AFFIDAVIT AND CHELAN DATED 23-09-2022, FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit-P4 AOF THE STAY PETITION DATED 23- 09-2022 FILED IN EXT-P3 APPEAL Exhibit-P5 AOF THE JUDGMENT DATED 07-08- 2018 IN W.A NO.1405 OF 2018 OF THIS HON'BLE COURT Exhibit-P6 AOF THE JUDGMENT DATED 19-07- 2019 IN W.A NO.1639 OF 2019 AND CONNECTED MATTERS, OF THIS HON'BLE COURT Exhibit-P7 AOF THE JUDGMENT DATED 11-07- 2022 IN WP(C) NO.22397 OF 2022 OF THIS HON'BLE COURT

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