PERINTHALMANNA SERVICE CO-OPERATIVE BANK vs. THE INCOME TAX OFFICER

WP(C)/14522/2014HC KeralaKLHC01060144201410 June 2014Bench: HONOURABLE MR.JUSTICE K.VINOD CHANDRAN4 pages

AI SummaryRemanded

What did the High Court hold?

The High Court directed the 2nd respondent, the Commissioner of Income Tax (Appeals), to consider the petitioner's stay petition (Ext.P3) within a period of one month from the date of the order. Furthermore, it was ordered that further proceedings pursuant to the revenue recovery notice (Ext.P4) shall be kept in abeyance until such orders are passed on the stay petition. The orders passed by the 2nd respondent on the stay petition would then determine the matter thereafter. The High Court did not decide on the merits of the assessment order or the appeal.

What were the facts?

The petitioner, Perinthalmanna Service Co-operative Bank Ltd., is challenging an assessment order (Ext.P1) for the assessment year 2011-12. The petitioner filed an appeal (Ext.P2) and a stay petition (Ext.P3) before the Commissioner of Income Tax (Appeals), the second respondent. While the appeal and stay petition were pending, the revenue initiated recovery proceedings against the petitioner through Ext.P4. This writ petition was filed in light of these circumstances.

What were the issues?

1. Whether the 2nd respondent (Commissioner of Income Tax (Appeals)) should consider the stay petition (Ext.P3) filed by the petitioner within a stipulated period. Assessee's Contention: The petitioner implicitly contends that the revenue recovery proceedings (Ext.P4) should be halted pending the decision on their stay petition and appeal. They rely on the pendency of their appeal and stay petition before the appellate authority. Revenue's Contention: The judgment does not record any specific contentions from the revenue regarding the issues raised by the petitioner.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 10TH DAY OF JUNE 2014/20TH JYAISHTA, 1936 WP(C).No. 14522 of 2014 (M) ---------------------------- PETITIONER(S): -------------- PERINTHALMANNA SERVICE CO-OPERATIVE BANK LTD., HOSPITAL ROAD, PERINTHALMANNA, MALAPPURAM DISTRICT- 679322, REPRESENTED BY ITS CHIEF EXECUTIVE. BY ADVS.SRI.K.ANAND (SR.) SMT.LATHA KRISHNAN. RESPONDENT(S): -------------

THE INCOME TAX OFFICER,

WARD NO2,

OFFICE OF THE ASST COMMISSIONER OF INCOME TAX,

TARIFF BAZAR, TOWN HALL ROAD, TIRUR -676 101. 2. THE COMMISSIONER OF INCOME TAX (APPEALS),

KOZHIKODE. BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rvs/

WP(C).No. 14522 of 2014 (M)

APPENDIX PETITIONER(S)' EXHIBITS : ------------------------ EXHIBIT P1: TRUE COPY OF THE ASSESSMENT ORDER. EXHIBIT P2: TRUE COPY OF THE APPEAL MAMORANDUM FILED BY THE PETITIONER EXHIBIT P3: TRUE COPY OF THE INTERIM APPLICATION FOR STAY. EXHIBIT P4: TRUE COPY OF THE PROCEEDINGS DATED 19-03-2014. RESPONDENT(S)' EXHIBITS ------------------------- NIL. /true copy/ P.A.TO JUDGE rvs/

K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 14522 of 2014 - - - - - - - - - - - - - - - - Dated 10th June, 2014 - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT Ext.P1 is the assessment order passed against the petitioner for the year 2011-12 against which petitioner filed Ext.P2 appeal and Ext.P3 stay petition. During the pendency of appeal and stay petition before the 2nd respondent, revenue recovery proceedings have been initiated against the petitioner by Ext.P4. It is in this context, the writ petition is filed.

In the above circumstances, it is directed that the 2nd respondent shall consider Ext.P3 stay petition within a period of one month from today and in the meanwhile, further proceedings pursuant to Ext.P4 shall be kept in abeyance until

WP(C).14522/14 2 such orders are passed, which orders shall determine the matter thereafter. Writ petition disposed of. Sd/ K.VINOD CHANDRAN, Judge Mrcs //True Copy//

Recent GST High Court judgments

Search GST case law →