THA PATTIKKAD SERVICE CO-OPERATIVE BANK LIMITED NO. P 455 vs. THE COMMISSIONER OF INCOME TAX (APPEALS)

WP(C)/2861/2018HC KeralaKLHC01034451201812 February 2018Author: HONOURABLE MR. JUSTICE P.B.SURESH KUMAR4 pages

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What did the High Court hold?

The High Court disposed of the writ petition by directing the appellate authority to take a decision on the stay petition (Ext.P4) filed by the petitioner in their appeal (Ext.P2) against the assessment order (Ext.P1). This decision on the stay petition is to be made having regard to the ITAT, Kochi's decision (Ext.P3). The Court further directed that until an order is passed on the stay petition, further proceedings for the realization of amounts covered by the assessment order shall be deferred. The specific merits of the appeal were not decided, nor was the final disposal of the appeal on its merits.

What were the facts?

The petitioner, Pattikkad Service Co-operative Bank Limited, is a co-operative society. For the assessment year 2015-16, its self-assessment under the Income Tax Act was revised by the Income Tax Officer via an order under Section 143(3). The petitioner challenged this assessment order by filing an appeal before the Commissioner of Income Tax (Appeals). The petitioner contended that the issue in their appeal is covered by a decision of the Income Tax Appellate Tribunal (ITAT), Kochi. The petitioner sought a direction for the appellate authority to dispose of their appeal considering the ITAT's decision. A stay petition was also filed before the appellate authority.

What were the issues?

1. Whether the appellate authority should be directed to dispose of the petitioner's appeal against the assessment order dated 19.12.2017 for the assessment year 2015-16, in light of the ITAT, Kochi's decision dated 10.01.2018. Assessee's contentions: The petitioner argued that the issue raised in their appeal before the first respondent (Commissioner of Income Tax (Appeals)) is covered in their favour by the decision of the Income Tax Appellate Tribunal, Kochi (Ext.P3). Therefore, they sought a direction for the appellate authority to consider this precedent while disposing of their appeal. Revenue's contentions: The judgment does not record any specific contentions from the revenue.

Which sections of the Income-tax Act were involved?

Section 143(3)

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Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR MONDAY, THE 12TH DAY OF FEBRUARY 2018 / 23RD MAGHA, 1939 WP(C).No. 2861 of 2018 PETITIONER(S) THA PATTIKKAD SERVICE CO-OPERATIVE BANK LIMITED NO. P 455, PATTIKKAD.P.O, MALAPPURAM DISTRICT.-679 325. REPRESENTED BY ITS SECRETARY. BY ADV.SRI.O.D.SIVADAS RESPONDENT(S): 1. THE COMMISSIONER OF INCOME TAX (APPEALS), AYAKAR BHAVAN,KOZHIKODE-673 001. 2. THE INCOME TAX OFFICER, WARD(4),TIRUR-676 001. R BY SRI.CHRISTOPHER ABRAHAM, SC INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DG WP(C).No. 2861 of 2018 (G) APPENDIX PETITIONER(S)' EXHIBITS EXT. P1 COPY OF THE ASSESSMENT ORDER DATED 19.12.2017 ISSUED BY THE 2ND RESPONDENT FOR THE PERIOD 2015-16. EXT. P2 COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE PERIOD 2015-16. EXT.P3 COPY OF THE SAID ORDER DATED 10.01.2018 ISSUED BY THE ITAT,COCHIN BENCH. EXT P4 COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE PERIOD 2015-16. RESPONDENT'S EXHIBITS-NIL True copy P.A to Judge P.B.SURESH KUMAR, J. ------------------------------------------------------------------ W.P.C.No.2861 of 2018 ------------------------------------------------------------------- Dated this the 12th day of February, 2018

J U D G M E N T Petitioner is a Co-operative Society registered under the Kerala Co-operative Societies Act. The self assessment made by the petitioner under the Income Tax Act (the Act) for the year 2015-'16 has been revised in terms of Ext.P1 order under Section 143(3) of the Act. The petitioner challenged Ext.P1 order in appeal before the first respondent. According to the petitioner, the issue raised by the petitioner in the appeal is covered in their favour by Ext.P3 decision of the Income Tax Appellate Tribunal, Kochi. The petitioner, therefore, seeks directions to the appellate authority to dispose of the appeal preferred by the petitioner against Ext.P1 order, in the light of Ext.P3 decision of the Income Tax Appellate Tribunal, Kochi.

Heard the learned counsel for the petitioner as also the learned Standing Counsel for the respondents.

WPC.2861/2018 2

It is seen that the petitioner has preferred Ext.P4 application for stay in Ext.P2 appeal preferred against Ext.P1 order. In the circumstances, the writ petition is disposed of directing the appellate authority to take a decision on Ext.P4 application for stay preferred by the petitioner in Ext.P2 appeal, having regard to Ext.P3 decision of the Income Tax Appellate Tribunal. Needless to say that till orders are passed on the stay petition as directed above, further proceedings for realization of the amounts covered by Ext.P1 order shall b e deferred. (P.B.SURESH KUMAR, JUDGE)P.A to Judge DG

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