KERALA STATE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(2)

WP(C)/34758/2015HC KeralaKLHC01080593201518 November 2015Author: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR4 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court of Kerala, in its order dated November 18, 2015, disposed of the writ petition. The judgment does not record any specific findings on the merits of the case or the issues that might have been before the ITAT. Instead, the Court noted that the counsel for the petitioner had submitted that the petitioner intended to withdraw the writ petition. Consequently, the High Court dismissed the writ petition as withdrawn. No decision was made on the substantive legal questions that might have been raised, as the petition was not pressed for adjudication on its merits.

What were the facts?

The petitioner, Kerala State Co-operative Agricultural and Rural Development Bank Ltd. (KASCARD), filed a writ petition before the High Court of Kerala. The petition challenges an order passed by the Income Tax Appellate Tribunal (ITAT), Ernakulam, which is the second respondent. The first respondent is the Deputy Commissioner of Income Tax, Circle 1(2), Thiruvananthapuram, and the third respondent is the Income Tax Officer, Ward 2(1), Thiruvananthapuram. The specific nature of the order under challenge and the assessment year(s) involved are not explicitly detailed in the provided text. The procedural history leading to the ITAT's order is also not elaborated.

What were the issues?

The primary issue before the High Court was whether the ITAT's order, which is under challenge, was legally sustainable. The writ petition was filed seeking appropriate directions or relief against this order. The specific grounds on which the petitioner challenged the ITAT's order are not detailed in the provided text. Similarly, the arguments presented by the revenue (respondents 1 and 3) before the High Court are not recorded. The ITAT's decision itself, which forms the basis of the writ petition, is not described, nor are the specific contentions that led to that decision.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 18TH DAY OF NOVEMBER 2015/27TH KARTHIKA, 1937 WP(C).No. 34758 of 2015 (T) ---------------------------- PETITIONER(S): -------------------------- KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., KASCARD BUILDING, POST BOX NO.56, STATUE JUNCTION, THIRUVANANTHAPURAM, REPRESENTED BY GENERAL MANAGER (I/C). BY ADVS.SRI.ANIL D. NAIR, SRI.R.SREEJITH, SMT.O.A.NURIYA, KUM.SOUMYA PRAKASH, KUM.MEKHALA M.BENNY, SMT.ROSIE ATHULYA JOSEPH. RESPONDENT(S): ---------------------------- 1. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(2), THIRUVANANTHAPURAM-695 001. 2. THE INCOME TAX APPELLATE TRIBUNAL, ERNAKULAM-682 030. 3. THE INCOME TAX OFFICER, WARD 2(1), THIRUVANANTHAPURAM-695 003 BY ADV. SRI.K.M.V.PANDALAI, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C).No. 34758 of 2015 (T) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF THE ASSESSMENT ORDERS 19/03/2013 FOR THE YEAR 2010-2011 TO THE PETITIONER BY THE FIRST RESPONDENT. EXT.P2 COPY OF THE ASSESSMENT ORDERS DATED 30/12/2013 FOR THE YEAR 2011-12 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT. EXT.P3 COPY OF THE APPEAL AGAINST P1 FILED AND PENDING BEFORE THE SECOND RESPONDENT FOR A.Y.2010-2011. EXT.P4 COPY OF THE APPEAL AGAINST P2 FILED AND PENDING BEFORE THE SECOND RESPONDENT FOR THE A.Y.2011-2012. EXT.P5 COPY OF THE STAY PETITION FILED ALONG WITH P3 BEFORE THE SECOND RESPONDENT FOR THE A.Y.2010-2011. EXT.P6 COPY OF THE STAY PETITION FILED ALONG WITH P4 BEFORE THE SECOND RESPONDENT FOR THE A.Y. 2011-2012. EXT.P7 COPY OF THE STAY ORDER PASSED BY THE SECOND RESPONDENT FOR THE A.YS. 2010-2011 AND 2011-12 DATED 14/05/2015. EXT.P8 COPY OF THE FRESH STAY PETITION FILED BEFORE THE SECOND RESPONDENT FOR THE A.Y. 2010-2011. EXT.P9 COPY OF THE FRESH STAY PETITION FILED BEFORE THE SECOND RESPONDENT FOR THE A.Y. 2011-2012. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs. A.K.JAYASANKARAN NAMBIAR, J. =========================================== W.P.(C). No. 34758 of 2015 ===================================================== Dated this the 18th day of November, 2015

JUDGMENT Against Exts.P1 and P2 assessment orders passed under the Income Tax Act, the petitioner preferred Exts.P3 and P4 appeals, together with Exts.P8 and P9 stay petitions, before the 2nd respondent Appellate Tribunal. It is the contention of counsel for the petitioner that, although the 2nd respondent Tribunal had initially granted a stay in the matter, pending disposal of the appeal, it was hedged in by a time frame and the said time frame has since expired. It is therefore, that the petitioner has filed fresh stay petitions in the form of Exts.P8 and P9 before the 2nd respondent Tribunal. It is further submitted that the issue involved in the appeal is one, that is pending consideration before this Court in an Income Tax appeal, and this Court in the said appeal, has granted an interim order of stay of recovery of amounts confirmed against the petitioner, during the pendency of the appeal. Taking note of the said submission of counsel for the petitioner, I dispose the writ petition with the following directions: (i) The 2nd respondent Appellate Tribunal, shall consider and pass orders in Exts.P3 and P4 appeals, within a period of three months from the date of receipt of a copy of this judgment, after hearing the petitioner.

-2- W.P.(C). No. 34758 of 2015 (ii) I make it clear that, till such time as orders are passed by the 2nd respondent Tribunal, as directed, the recovery steps for recovery of amounts confirmed against the petitioner by Exts.P1 and P2 assessment orders, shall be kept in abeyance. (iii) The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 2nd respondent for further action. A.K.JAYASANKARAN NAMBIAR JUDGE das /18.11.15

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