ERIYAD SERVICE CO-OPERATIVE BANK LIMITED vs. THE INCOME TAX OFFICER

WP(C)/40239/2017HC KeralaKLHC01088182201712 January 2018Author: HONOURABLE MR. JUSTICE P.B.SURESH KUMAR4 pages

AI SummaryNot Applicable

What did the High Court hold?

The provided text is an excerpt from the cause list and does not contain the operative part of the judgment or any findings by the High Court. Therefore, it is not possible to determine what the High Court decided, the reasoning behind its decision, or the ratio decidendi. No operative directions, relief granted, or issues left undecided can be ascertained from this text.

What were the facts?

The petitioner, Eriyad Service Co-operative Bank Limited, filed a writ petition before the High Court of Kerala challenging an order passed by the Income Tax Officer (ITO), Ward No. 2(1), Thrissur. The petitioner is represented by its Secretary. The respondents include the ITO, the Commissioner of Income Tax (Appeals), and the Manager of Thrissur District Co-operative Bank. The writ petition was admitted for hearing on January 12, 2018. The specific assessment year(s) and the nature of the order or action under challenge, as well as the amount in dispute, are not explicitly detailed in the provided text. The procedural history leading to this writ petition is also not elaborated.

What were the issues?

The provided text does not explicitly state the questions the Tribunal had to decide, nor does it detail the arguments presented by the assessee (Eriyad Service Co-operative Bank Limited) or the revenue (Income Tax Officer and Commissioner of Income Tax (Appeals)). Therefore, it is not possible to identify the specific issues, the relevant provisions of the Income Tax Act, or the authorities, circulars, or precedents relied upon by either side. The judgment is silent on these aspects.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR FRIDAY, THE 12TH DAY OF JANUARY 2018 / 22ND POUSHA, 1939 WP(C).No. 40239 of 2017 (D) PETITIONER ERIYAD SERVICE CO-OPERATIVE BANK LIMITED,

KODUNGALLUR, ERIYAD P.O., THRISSUR-680666,

REPRESENTED BY THE SECRETARY, A.S.RAFI. BY ADVS.SRI.C.A.JOJO SRI.JACOB CHACKO. RESPONDENTS

THE INCOME TAX OFFICER, WARD NO.2(1),

AYAKAR BHAVAN, THRISSUR, PIN-680 001.

THE COMMISSIONER OF INCOME TAX (APPEALS),

OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS),

AYAKAR BHAVAN, THRISSUR-680 001.

THE MANAGER, THRISSUR DISTRICT CO-OPERATIVE BANK,

ERIYAD BRANCH, ERIYAD P.O., PIN-680 666. R1-R2 BY ADVS. SRI.P.K.RAVINDRANATHA MENON (SR.)

SRI.JOSE JOSEPH, SC. R3 BY ADV. SRI.P.C.SASIDHARAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-01-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Hr....

WP(C).No. 40239 of 2017 (D) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE

ASST. REGISTRAR (GENERAL) KODUNGALLUR DATED 03.10.2014. EXHIBIT P2 A TRUE COPY OF THE ASSESSMENT ORDER DATED

22.03.2016 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE DEMAND NOTICE DATED

22.03.2016 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE APPEAL DATED 29.03.2016 FILED

BY THE PETITIONER AGAINST ASSESSMENT

ORDER FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE STAY PETITION DATED 29.03.2016

FILED BY THE PETITIONER AGAINST THE DEMAND NOTICE FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 24.05.2017. EXHIBIT P7 A TRUE COPY OF THE NOTICE NO.AAAAE7090H/W-2/TSR/2017-18 DATED 11.12.2017 ISSUED BY THE 1ST RESPONDENT TO THE 3RD

RESPONDENT. RESPONDENT(S)' EXHIBITS

NIL // TRUE COPY// P.S TO JUDGE. Hr....

P.B.SURESH KUMAR, J. ================== W.P.(C.) No.40239 of 2017 ---------------------------------------------- Dated this the 12th day of January, 2018 JUDGMENT Petitioner is a Primary Agricultural Credit Society registered under the Kerala Co-operative Societies Act. Ext.P2 is the assessment order of the petitioner under the Income Tax Act for the assessment year 2008-09. Ext.P2 order has been challenged by the petitioner in Ext.P4 appeal. Ext.P5 is the application preferred by the petitioner in Ext.P4 appeal for stay. Ext.P5 application has now been disposed of in terms of Ext.P6 order granting the stay sought for by the petitioner on condition that the petitioner shall pay 30% of the disputed tax. Ext.P6 order is under challenge in the writ petition. 2. Heard the learned counsel for the petitioner as also the learned Standing Counsel for the respondents.

W.P.(C.) No.40239/2017

This Court has disposed of an identical case, as per the judgment in W.P.(C.) No. 38566 of 2017, granting the petitioner therein an unconditional stay, pending disposal of the appeal. In the light of the judgment aforesaid, the writ petition is allowed, modifying the impugned order and granting the petitioner unconditional stay pending disposal of the appeal against Ext.P2 order. Having regard to the peculiar facts and circumstances of this case, it is also directed that the appellate authority shall dispose of the appeal as expeditiously as possible.

sd/- P.B. SURESH KUMAR, SKS JUDGE

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