THE AVANEESWARAM SERVICE CO-OPERATIVE BANK LTD.NO.1847 vs. THE INCOME TAX OFFICER,
What did the High Court hold?
The High Court directed the Commissioner of Income Tax (Appeals) to consider and dispose of the statutory appeal filed by the petitioner at the earliest. The Court also ordered that recovery proceedings and the collection of assessed tax be kept in abeyance pending the disposal of the appeal. This decision was made taking note of the Full Bench decision reported in The Mavilayi Service Co-operative Bank Ltd. v. The Commissioner of Income Tax, Calicut. The Court found the facts of the present case to be substantially similar to those in W.A. No. 1536 of 2019, which was relied upon by the petitioner. The ratio decidendi is that where facts are similar to a prior binding precedent that granted a stay of recovery pending appeal and directed early disposal, similar relief should be granted. The operative direction is to dispose of the appeal expeditiously and stay recovery.
What were the facts?
The petitioner, The Avaneeswaram Service Co-operative Bank Ltd. No. 1847, filed a writ petition before the Kerala High Court. The petition challenges an order or action by the Income Tax Officer, Ward-4, Kollam Range, and seeks relief concerning proceedings before the Commissioner of Income Tax (Appeals). The petitioner relies on a judgment dated July 1, 2019, in W.A. No. 1536 of 2019 and connected cases, where a Division Bench directed the disposal of appeals and granted a stay on recovery proceedings during the pendency of the appeals. The Standing Counsel for the respondents admitted that the facts of the present case are substantially similar to those in the cited writ appeal.
What were the issues?
1. Whether the recovery proceedings and collection of assessed tax should be kept in abeyance pending the disposal of the statutory appeal filed by the petitioner? Assessee's Contention: The petitioner relies on the judgment in W.A. No. 1536 of 2019 and connected cases, which directed the disposal of appeals and granted a stay of recovery proceedings during the pendency of the appeal. The petitioner argues that similar relief should be granted in their case due to the similar facts. Revenue's Contention: The Standing Counsel for the respondents admitted that the facts of the case are substantially the same and similar to the facts noted by the Division Bench in W.A. No. 1536 of 2019, implying that the precedent can be followed.
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Cause title — parties, addresses and appearances
JUDGMENT Heard Adv.T.R Harikumar, for the petitioner and Adv.Christopher Abraham, the Standing Counsel for respondents.
Petitioner refers to and relies on judgment dated 01.07.2019 in W.A No.1536 of 2019 and connected cases to contend that the Division Bench directed disposal of appeal and granted stay of recovery proceedings during the pendency of the appeal.
The learned Standing Counsel admits that the facts of the case are substantially same and similar to the facts noted by the Division Bench in W.A. No.1536 of 2019, hence can be followed. Hence, the writ petition is disposed of directing the Commissioner of Income Tax (Appeals)/ 2nd respondent to -3- WP(C) NO.5776 OF 2020 consider and dispose of the statutory appeal filed by the petitioner herein at the earliest taking note of the Full Bench decision reported in The Mavilayi Service Co-operative Bank Ltd, v. The Commissioner of Income Tax, Calicut 1 and to keep in abeyance recovery proceedings and collection of tax assessed, pending disposal of such appeal. S.V.BHATTI JUDGE JS 1[2019 (2) KHC 287]
-4- WP(C) NO.5776 OF 2020
Appendix — schedule of exhibits
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