THE VAMANAPURAM SERVICE CO-OPERATIVE BANK LTD.NO.927 vs. THE INCOME TAX OFFICER
What did the High Court hold?
The High Court disposed of the writ petition with specific directions. Firstly, the 2nd respondent, the Commissioner of Income Tax (Appeals), was directed to consider and pass reasoned orders on the stay petitions (Exts.P8 and P10) within a period of two months from the date of receipt of a copy of the judgment, after providing a hearing to the petitioner. Secondly, recovery steps for the amounts confirmed by the penalty orders (Exts.P1 and P2), including further proceedings pursuant to garnishee notices (Exts.P11 and P12), were ordered to be kept in abeyance until such time as orders are passed by the 2nd respondent as directed and communicated to the petitioner. It was clarified that during the period the stay granted by the court is in operation, the petitioner would be permitted to operate its bank account covered by the garnishee notices. The petitioner was also directed to furnish a copy of the writ petition and the judgment to the 2nd respondent.
What were the facts?
The petitioner, The Vamanapuram Service Co-Operative Bank Ltd., filed a writ petition before the High Court of Kerala. The petitioner had preferred appeals against penalty orders (Exts.P1 and P2) and filed stay petitions (Exts.P8 and P10) before the Commissioner of Income Tax (Appeals), the 2nd respondent. The petitioner contended that recovery steps were being taken for the amounts confirmed by the penalty orders, even before the stay petitions were considered. The petitioner sought directions for the appellate authority to consider the stay petitions and to keep recovery steps in abeyance. The respondents are the Income Tax Officer and the Commissioner of Income Tax (Appeals), along with a third party, The Thiruvananthapuram District Co-Operative Bank Ltd.
What were the issues?
1. Whether the 2nd respondent (Commissioner of Income Tax (Appeals)) should be directed to consider and pass reasoned orders on the stay petitions (Exts.P8 and P10) filed by the petitioner within a specified period. 2. Whether recovery steps for the amounts confirmed by the penalty orders (Exts.P1 and P2), including proceedings pursuant to garnishee notices (Exts.P11 and P12), should be kept in abeyance until orders are passed on the stay petitions. Assessee's Contentions: The petitioner argued that recovery steps were being initiated prematurely, even before the appellate authority had an opportunity to decide on the stay petitions. They sought a directive for the expeditious disposal of the stay petitions and a temporary halt to recovery proceedings. Revenue's Contentions: The judgment does not record any specific contentions made by the revenue (R1 & R2) or the third respondent (R3) in response to the writ petition. The court heard the learned Government Pleader appearing for the respondents.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT Against Exts.P1 and P2 penalty orders under the Income Tax Act, the petitioner has preferred Exts.P7 and P9 appeals together with Exts.P8 and P10 stay petitions before the 2nd respondent appellate authority. It is the case of the petitioner that even prior to considering the stay petition, recovery steps are taken by the respondents against the petitioner for recovery of the amounts confirmed by Exts.P1 and P2 penalty orders.
I have heard the learned counsel appearing for the petitioner and also the learned Government Pleader appearing for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I dispose the writ petition with the following directions:
The 2nd respondent shall consider and pass reasoned orders on Exts.P8 and P10 stay petitions within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner.
Recovery steps for recovery of amounts confirmed against the petitioner by Exts.P1 and P2 assessment orders including further proceedings pursuant to Exts.P11 and P12 garnishee notices shall be kept in abeyance till such time as orders are passed by the 2nd respondent as directed above and communicated to the petitioner. It is made clear that during the period when the stay granted by this Court is in WP(C).No.33349 OF 2019(P) 3 operation, the petitioner is permitted to operate its bank account covered by Exts.P11 and P12. 3. 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
WP(C).No.33349 OF 2019(P) 4
Appendix — schedule of exhibits
Recent GST High Court judgments
Search GST case law →- M/S Shivam Tiles House vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- Imtiyaz Shaikh Z Chorlekar vs. Salman ShaikhBombay · 21 Oct 2026
- Dr Babasaheb Ambedkar Marathwada University Thr Its Registrar Prashant S Amrutkar vs. Union Of INDIA Thr The Secretary And OthersBombay · 19 Oct 2026
- Babasaheb Ambedkar Marathwada University Thr Registrar Prashant S Amrutkar vs. Union Of INDIA Thr Secretary And OthersBombay · 19 Oct 2026
- Vinishma Technologies Private Limited vs. State Of KarnatakaKarnataka · 17 Oct 2026