Narakkal Service Co-Operative ... vs The Income Tax Officer
2022 Latest Caselaw 10718 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
                        WP(C) NO. 33451 OF 2022
PETITIONER:

          NARAKKAL SERVICE CO-OPERATIVE BANK LTD
          NO.E 91
          NARAKKAL, ST.MARY'S CHURCH ROAD,
          ERNAKULAM DISTRICT, PIN - 682 505.
          REPRESENTED BY ITS SECRETARY.


          BY ADVS.
                     M.SASINDRAN
                     SREEHARI INDUKALADHARAN



RESPONDENTS:

    1     THE INCOME TAX OFFICER
          NON-CORP WARD 2(4) & T.P.S. KOCHI,
          CENTRAL REVENUE BUILDING, I.S. PRESS ROAD
          ERNAKULAM, KOCHI, PIN - 682 018.

    2     THE COMMISSIONER OF INCOME TAX (APPEALS),
          2ND FLOOR, CR.BUILDING., I.S. PRESS ROAD,
          KOCHI, PIN - 682 018.

          BY ADV SRI.SREELAL WARRIAR, C.G.C



OTHER PRESENT:

          ADV. CHRISTOPHER ABRAHAM (SC)




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.33451/2022              2



                          JUDGMENT

The petitioner has approached this Court being aggrieved

by the fact that the assessing officer under the Income Tax

Act, has by Ext.P5 order required the petitioner to pay a sum

equivalent to 20% of the tax assessed as a condition for stay

on further recovery proceedings. The petitioner has filed

Ext.P4 appeal against Ext.P2 order of assessment before the

National Faceless Appeal Centre. However the petitioner has

not filed any stay petition before the National Faceless Appeal

Centre.

2. It is the case of the learned counsel appearing for

the petitioner that in the light of Ext.P7 judgment of this

Court, the petitioner is not required to deposit the amount

equivalent to 20% of the tax assessed as a condition for stay.

3. Heard the learned Standing Counsel appearing for

the respondent department also.

4. Having heard the learned counsel appearing for the

petitioner and the learned Standing Counsel appearing for the

respondents, this writ petition is disposed of directing the

respondents to provide a link to the petitioner for uploading

stay application in Ext.P4. This shall be done within a period

of two weeks from the date of receipt of certified copy of this

judgment. The petitioner shall file a stay application within

10 days from the date of receipt of the link. If such stay

application is filed within the time stipulated above, recovery

proceedings to recover any amount under Ext.P2 shall be kept

in abeyance till a decision is taken on the stay application so

filed by the petitioner. The Appellate Authority shall while

deciding the stay petition also have regard to the findings of

this Court in Ext.P7 judgment.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ats

APPENDIX OF WP(C) 33451/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 12.3.1961 ISSUED BY THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, ERNAKULAM.

Exhibit P1 (A) TRUE TYPED COPY OF EXT.P1

Exhibit P2 TRUE COPY OF THE ASSESSMENT ORDER NO.ITBA/AST/S/147/2021-22/1042083469(1) DATED 30.03.2022 FOR THE YEAR 2015-16 ISSUED BY GOVERNMENT OF INDIA.

Exhibit P3 TRUE COPY OF THE DEMAND NOTICE NO.ITBA/AST/S/156/2021-22/1042083536(1) DATED 30.03.2022 ISSUED BY GOVERNMENT OF INDIA

Exhibit P4 A TRUE COPY OF THE APPEAL MEMORANDUM FILED BEFORE THE 2ND RESPONDENT DATED 26-04-2022.

Exhibit P4 (A) TRUE COPY OF THE STAY PETITION FILED BEFORE THE 2ND RESPONDENT DATED 16-06-2022.

Exhibit P5 : A TRUE COPY OF THE DIN AND LETTER NO.ITBA/RCV/F/17/2022-23/1043477092(1) DATED 17.06.2022.

Exhibit P6 A TRUE COPY OF THE NOTICE OF HEARING NO.ITBA/RCV/F/123/2022-23/1046195097(1) DATED 07.10.2022 ISSUED BY THE 1ST RESPONDENT

Exhibit P7 A TRUE COPY OF THE JUDGMENT DATED 19.07.2019 IN W.A.NO.1639/2019.