Pathiyoor Farmers Service ... vs The Income Tax Officer
2022 Latest Caselaw 3601 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
                        WP(C) NO. 9349 OF 2022
PETITIONER:

          PATHIYOOR FARMERS SERVICE CO-OPERATIVE BANK
          LTD.NO.1282,
          KEERIKAD P.O., ALAPPUZHA, PIN-690 508, REPRESENTED BY
          ITS MANAGING DIRECTOR.

          BY ADV O.D.SIVADAS


RESPONDENTS:

    1     THE INCOME TAX OFFICER,
          WARD NO.III, ALAPPUZHA, PIN-688 001.

    2     THE JOINT COMMISSIONER OF INCOME TAX,
          RANGE 1, KOTTAYAM, PIN-686 002.

          BY ADV.JOSE JOSEPH - SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9349 OF 2022

                                    2


                  BECHU KURIAN THOMAS, J.
                ===========================
                    W.P.(C) No.9349 of 2022
                ============================
                  Dated this the 24th day of March, 2022


                                 JUDGMENT

Petitioner is aggrieved by notice issued under Section 148 of

the Income Tax Act proposing to conduct assessment for the years

2013-14, 2014-15 and 2015-16.

2. After hearing the learned counsel for the petitioner,

Shri.O.D.Sivadas, as well as the learned standing counsel, Shri.Jose

Joseph, I am of the view that this writ petition is too premature and

the challenge against notice under Section 148 is not required to be

entertained at this stage.

3. However, learned counsel for the petitioner invited my

attention to Ext.P10, Ext.P11 and Ext.P12, specifying the reasons for

re-opening of the assessment, under Section 151 of the Income Tax

Act. According to the learned counsel, the reasons for re-opening

are not legally tenable and the approval granted by the Joint WP(C) NO. 9349 OF 2022

Commissioner of Income Tax is legally invalid as he had not applied

his mind to the facts and circumstances of the case. Learned

counsel for the petitioner also contended that the proposed

assessment is barred by limitation.

4. The assessee is alleged to have not filed its returns for all

the assessment years and approval has been obtained under Section

151 of the Act to issue notice. Having regard to the circumstances

of the case, I am of the view that this writ petition is too premature

and that the petitioner will be at liberty to challenge the assessment

proceedings, taking up all the above mentioned contention, if orders

are passed, prejudicial to the interest of the petitioner. Thus

reserving the liberty of the petitioner to challenge the order of

assessment, if any, issued prejudicial to the petitioner, this writ

petition is closed, leaving open all contentions.

Sd/-

BECHU KURIAN THOMAS JUDGE ssa/ WP(C) NO. 9349 OF 2022

APPENDIX OF WP(C) 9349/2022

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE DATED 25.03.2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE ASSESSMENT YEAR 2013-14.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 26.03.2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE ASSESSMENT YEAR 2014-15.

Exhibit P3 TRUE COPY OF THE NOTICE DATED 26.03.2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE ASSESSMENT YEAR 2015-16.

Exhibit P4 TRUE COPY OF THE REPLY DATED 31.03.2021 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2013-14.

Exhibit P5 TRUE COPY OF THE REPLY DATED 11.04.2021 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2014-15.

Exhibit P6 TRUE COPY OF THE REPLY DATED 11.04.2021 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2015-16.

Exhibit P7 TRUE COPY OF THE ORDER DATED 10.03.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE ASSESSMENT YEAR 2013-14.

Exhibit P8 TRUE COPY OF THE ORDER DATED 10.03.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE ASSESSMENT YEAR 2014-15.

Exhibit P9 TRUE COPY OF THE ORDER DATED 10.03.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER, FOR THE ASSESSEMENT YEAR 2015-16.

Exhibit P10 TRUE COPY OF THE APPROVAL ISSUED BY THE 2ND RESPONDENT FOR THE PERIOD 2013-14 DATED 25.03.2021.

Exhibit P11 TRUE COPY OF THE APPROVAL ISSUED BY THE 2ND RESPONDENT FOR THE PERIOD 2014-15 DATED WP(C) NO. 9349 OF 2022

25.03.2021.

Exhibit P12 TRUE COPY OF THE APPROVAL ISSUED BY THE 2ND RESPONDENT FOR THE PERIOD 2015-16 DATED 26.03.2021.