MADHAVA VILASOM SERVICE CO-OPERATIVE BANK LTD.NO.1347 vs. THE INCOME TAX OFFICER
What did the High Court hold?
The High Court of Kerala disposed of the writ petition by directing the Commissioner of Income Tax (Appeals) (the second respondent) to consider and dispose of the statutory appeal filed by the petitioner at the earliest. The Court specifically directed that the Commissioner of Income Tax (Appeals) should take note of the Full Bench decision reported in The Mavilayi Service Co-operative Bank Ltd, v. The Commissioner of Income Tax, Calicut [2019 (2) KHC 287]. Furthermore, the Court ordered that recovery proceedings and the collection of tax assessed should be kept in abeyance pending the disposal of the statutory appeal. The Court found that the facts were substantially similar to those in a previous Division Bench judgment, which justified following that precedent.
What were the facts?
The petitioner, Madhava Vilasom Service Co-operative Bank Ltd., filed a writ petition before the High Court of Kerala. The petitioner sought directions for the disposal of their statutory appeal pending before the Commissioner of Income Tax (Appeals), the second respondent. The petitioner relied on a previous judgment of the Division Bench in W.A. No. 1536 of 2019 and connected cases, which directed the disposal of appeals and granted a stay on recovery proceedings during the pendency of the appeal. The Standing Counsel for the Income Tax Department admitted that the facts of the present case were substantially similar to those in the cited Division Bench judgment.
What were the issues?
1. Whether the Commissioner of Income Tax (Appeals) should be directed to dispose of the statutory appeal filed by the petitioner at the earliest? (Question of procedure) 2. Whether recovery proceedings and collection of tax assessed should be kept in abeyance pending the disposal of the statutory appeal? (Question of procedure) Assessee's Contention: The petitioner relies on the judgment in W.A. No. 1536 of 2019 and connected cases, wherein the Division Bench directed the disposal of appeals and granted a stay of recovery proceedings during the pendency of the appeal. The petitioner argues that this precedent should be followed. Revenue's Contention: The learned Standing Counsel for the respondents admits that the facts of the present case are substantially the same and similar to the facts noted by the Division Bench in W.A. No. 1536 of 2019, implying agreement with the petitioner's request to follow the precedent.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT Heard Sri. T.R.Harikumar, the learned counsel for the petitioner and Sri. Jose Winson for Christopher Abraham, the learned 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 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 [2019 (2) KHC 287] and to keep in abeyance recovery proceedings and collection of tax assessed, pending disposal of such appeal. S.V.BHATTI JUDGE css/
WPC No.5259 of 2020
Appendix — schedule of exhibits
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