THE KALLADIKODE SERVICE CO-OPERATIVE BANK LTD.NOP.7489,, vs. THE INCOME TAX OFFICER,

WP(C)/5067/2020HC KeralaKLHC01013615202024 February 2020Author: HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE3 pages

AI SummaryRemanded

What did the High Court hold?

The High Court of Kerala directed the Income Tax Appellate Tribunal (3rd respondent) to dispose of the appeal filed by the petitioner within a period of two months after issuing notice to the petitioner. Pending the disposal of the appeal, the recovery proceedings against the petitioner were ordered to be kept in abeyance. The Court noted that the direction was issued in light of various judgments of the High Court. The specific condition of paying 20% of the disputed tax for a stay was implicitly set aside by the order to keep recovery proceedings in abeyance until the appeal is decided. No issue was expressly left undecided.

What were the facts?

The petitioner, The Kalladikode Service Co-operative Bank Ltd., filed an appeal against an assessment order under the Income Tax Act before the Income Tax Appellate Tribunal (3rd respondent). The assessing authority demanded payment of 20% of the disputed tax to grant a stay against recovery, pending the appeal. The petitioner approached the High Court of Kerala seeking relief regarding this condition for stay.

What were the issues?

1. Whether the Income Tax Appellate Tribunal (3rd respondent) is bound to dispose of the appeal within a stipulated period, considering the condition imposed by the assessing authority for granting a stay against recovery. Assessee's Contention: The petitioner, a co-operative society, is seeking a direction for the expeditious disposal of its appeal and a stay on recovery proceedings. The petitioner relies on various judgments of the High Court of Kerala. (No specific judgments are named in the text). Revenue's Contention: The revenue insisted on the payment of 20% of the disputed tax to grant a stay against recovery, pending appeal. (No specific arguments or reliance on authorities are recorded for the revenue in the judgment).

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 24TH DAY OF FEBRUARY 2020 / 5TH PHALGUNA, 1941 WP(C).No.5067 OF 2020(G) PETITIONER: THE KALLADIKODE SERVICE CO-OPERATIVE BANK LTD.NO.7489, KALLADIKODE P.O., PALAKKAD-678 596, REPRESENTED BY ITS SECRETARY, BINOY JOSEPH, AGED 44, S/O. JOSEPH P.U. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS: 1 THE INCOME TAX OFFICER, WARD 4, AYAKAR BHAVAN, PALAKKAD-678 014. 2 THE COMMISSIONER OF INCOME TAX (APPEALS) AYAKAR BHAVAN, THRISSUR-680001. 3 THE INCOME TAX APPELLATE TRIBUNAL AYAKAR BHAVAN, KAKKANADU, KOCHI-682 030, REPRESENTED BY ITS REGISTRAR. JOSE JOSEPH SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.5067 OF 2020(G) 2 JUDGMENT Dated this the 24th day of February 2020 The petitioner, a co-operative society filed an appeal as against the assessment order under the Income Tax Act before the 3rd respondent. The assessing authority insisted payment of 20% of the disputed tax to grant stay against recovery, pending appeal. In the light of the various judgments of this Court, the appellate authority-3rd respondent is directed to dispose the appeal within a period of two months after issuing notice to the petitioner. Till then, the recovery proceedings shall be kept in abeyance. Ordered accordingly. The writ petition is disposed of as above. A.MUHAMED MUSTAQUE SAS/24/02/2020 JUDGE

WP(C).No.5067 OF 2020(G) 3

Appendix — schedule of exhibits

APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE IST RESPONDENT FOR THE YEAR 2015-16 DATED 22.12.2017. EXHIBIT P2 COPY OF APPEALLATE ORDER ISSUED BY THE IST RESPONDENT FOR THE YEAR 2015-16 DATED 10.12.2019. EXHIBIT P3 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT 2015-16 DATED 5.2.2020. EXHIBIT P4 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 5.2.2020. RESPONDENTS' EXHIBITS:- NIL //TRUE COPY P.A. TO JUDGE

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