Kerala High Court
Venganellur Service Co-Op Bank ... vs The Income Tax Officer on 7 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.M.BADAR
WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943
WP(C).No.8113 OF 2021(L)
PETITIONER:
VENGANELLUR SERVICE CO-OP BANK LTD. NO.22,
VENGANELLUR (P.O.), CHELAKKARA, THRISSUR-680 586.
BY ADV. SRI.V.P.NARAYANAN
RESPONDENTS:
1 THE INCOME TAX OFFICER
WARD - 2(5), THRISSUR RANGE-2, AAYAKAR BHAVAN,
SAKTHAN NAGAR, THRISSUR-680 001.
2 THE COMMISSIONER OF INCOME TAX (APPEALS),
AAYAKAR BHAVAN, SAKTHAN NAGAR, THRISSUR-680 001.
R1-2 BY ADV. SRI.P.K.RAVINDRANATHA MENON (SR.)
R1-2 BY JOSE JOSEPH, SC, FOR INCOME TAX
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.8113/2021 2
JUDGMENT
Dated this the 7th day of April 2021
Heard the learned counsel appearing for the petitioner. He
submits that the assessment order under Section 143(3) of the
Income Tax Act, 1961 (Ext.P1) was passed for the assessment
year 2014-2015 on 07.12.2016. Feeling aggrieved by the said
assessment order, the petitioner preferred appeal along with stay
petition (Exts.P2 and P2(a)) before the 2nd respondent-
Commissioner of Income Tax (Appeals). In the meanwhile,
rectification order under Section 154 of the Income Tax Act came
to be issued vide Ext.P3 and the same has been challenged by the
petitioner by filing statutory appeal along with stay petition,
Exts.P4 and P4(a) before the concerned respondent.
2. The grievance of the petitioner is to the effect that
pending disposal of the stay petitions challenging the assessment
order and rectification order, respondents are seeking to recover
the amount determined as per the assessment order at Ext.P1.
Learned counsel for the petitioner therefore prays for stay of
recovery till disposal of the statutory appeals.
3. Learned Standing Counsel appearing for respondents
submits that the recovery of the amount determined under the
assessment order cannot be stayed till disposal of the appeals but
the recovery proceedings may be deferred till disposal of the stay
petitions and the concerned authority be directed to dispose of the
stay petitions either in two or three months.
4. In this view of the matter, as the statutory appeals along
with stay petitions are pending before the appellate authority, this
writ petition is disposed of with the following directions:
The respondents shall decide the stay petitions at Exts.P2(a)
and P4(a) in appeals challenging the assessment order and
rectification order within a period of three months from the date of
communication of this judgment by the petitioner. Till disposal of
the stay petitions, respondents are directed to defer the recovery
proceedings commenced pursuant to the assessment order at
Ext.P1. The petitioner to supply copy of this judgment to the
concerned respondent for compliance.
Sd/-
A.M.BADAR
JUDGE
smp
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED
7.12.2016 PASSED BY THE 1ST RESPONDENT
ALONG WITH DEMAND NOTICE AND COMPUTATION OF
INCOME.
EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED
3.1.2017 FILED BY THE PETITIONER BEFORE THE
2ND RESPONDENT FOR AY-2014-15.
EXHIBIT P2(a) TRUE COPY OF THE PETITION FOR STAY DATED
3.1.2017 FILED BY THE PETITIONER FOR AY-
2014-15 BEFORE THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE RECTIFICATION ORDER DATED
30.1.2020 PASSED BY THE 1ST RESPONDENT
ALONG WITH DEMAND NOTICE AND COMPUTATION OF
INCOME.
EXHIBIT P4 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED
19.10.2020 FILED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT FOR AY-2014-15.
EXHIBIT P4(a) TRUE COPY OF THE PETITION FOR STAY DATED
19.10.2020 FILED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 1.7.2019 IN
W.A.NO.1536 OF 2019 OF THIS HON'BLE COURT.
RESPONDENTS' EXHIBITS: NIL.
True Copy
P.S to Judge
smp
