THE VADAVANNUR SERVICE CO-OPERATIVE BANK LTD. NO.F-1217 vs. THE INCOME TAX OFFICER,
What did the High Court hold?
The High Court, considering the submissions of both parties and acknowledging the similarity of facts to the Division Bench judgment in W.A. No. 1536 of 2019, disposed of the writ petition. The 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 further directed that recovery proceedings and the collection of assessed tax should be kept in abeyance pending the disposal of the appeal. The Court also took note of the Full Bench decision in The Mavilayi Service Co-operative Bank Ltd. v. The Commissioner of Income Tax, Calicut [2019 (2) KHC 287]. The operative direction is to dispose of the appeal expeditiously and stay recovery during that period.
What were the facts?
The petitioner, The Vadavannur Service Co-operative Bank Ltd., represented by its Secretary, filed a writ petition before the High Court of Kerala. The petitioner sought directions regarding its statutory appeal pending before the Commissioner of Income Tax (Appeals). The petitioner relied on a Division Bench judgment dated July 1, 2019, 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 appeals. The Income Tax Officer, Ward 5, Palakkad, and the Commissioner of Income Tax (Appeals), Thrissur, were the respondents. The assessment years are not specified.
What were the issues?
1. Whether the Commissioner of Income Tax (Appeals) should be directed to consider and dispose of the statutory appeal filed by the petitioner at the earliest? 2. Whether recovery proceedings and collection of assessed tax should be kept in abeyance pending the disposal of the statutory appeal? Assessee's Contentions: The petitioner contended that the facts of its case are substantially the same as those 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. The petitioner relied on the judgment in W.A. No. 1536 of 2019. Revenue's Contentions: The learned 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 and could be followed.
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Cause title — parties, addresses and appearances
JUDGMENT Heard Sri. Harisankar V.Menon, the learned counsel for the petitioner and Sri. Jose Joseph, 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.5269/2020 3
Appendix — schedule of exhibits
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