Palluruthy Mandalam Service ... vs Income Tax Officer
2024 Latest Caselaw 28638 Ker

Kerala High Court

Palluruthy Mandalam Service ... vs Income Tax Officer on 26 September, 2024

Author: P Gopinath

Bench: P Gopinath

                                                       2024:KER:71634



             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

              THE HONOURABLE MR. JUSTICE GOPINATH P.

    THURSDAY, THE 26TH DAY OF SEPTEMBER 2024 / 4TH ASWINA, 1946

                      WP(C) NO. 33673 OF 2024

PETITIONER/S:
           PALLURUTHY MANDALAM SERVICE CO-OPERATIVE BANK LTD.,
           NO.65, PALLURUTHY P.O, ERNAKULAM, KOCHI REPRESENTED BY
           ITS SECRETARY, PIN - 682006

          BY ADVS.
          C.A.JOJO
          JOSEPH ANU A.A
RESPONDENT/S:
     1     INCOME TAX OFFICER,WARD-2(5), INCOME TAX OFFICE, L G
           TOWERS THOPPUMPADY, ERNAKULAM, PIN - 682005

    2     THE INCOME TAX RECOVERY OFFICER,
          THE OFFICE OF THE TAX RECOVERY OFFICER, CENTRAL REVENUE
          BUILDING, I.S PRESS ROAD KOCHI, ERNAKULAM, PIN - 682018

    3     THE INCOME TAX COMMISSIONER (APPEALS),
          NATIONAL FACELESS ASSESSMENT CENTRE, NORTH BLOCK,
          NEW DELHI, PIN - 110001

    4     THE INCOME TAX OFFICER -NFAC,
          NATIONAL FACELESS ASSESSMENT CENTRE, NORTH BLOCK,
          NEW DELHI, PIN - 110001

    5     ASSISTANT REGISTRAR,
          INCOME TAX APPELLATE TRIBUNAL 1ST FLOOR, BLOCK C-I & C
          II, KENDRIYA BHAVAN, ERNAKULAM, KAKKANAD, PIN - 682037


          SRI. JOSE JOSEPH (SR SC).
          SRI. CYRIAC TOM (SC)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                          2024:KER:71634
WP(C) NO. 33673 OF 2024                  2



                               JUDGMENT

Petitioner suffered Ext.P1 order of assessment under the

provisions of the Income Tax Act, 1961 for the assessment year

2015-16 . The first appeal filed by the petitioner before the First

Appellate Authority was dismissed by Ext.P4 order. The

petitioner has preferred a second appeal (Ext.P6) before the

Income Tax Appellate Tribunal along with Ext.P7 stay petition.

The petitioner also suffered Ext.P3 order of penalty for the same

assessment year, against which Ext.P5 appeal is pending before

the First Appellate Authority (the 3 rd respondent). The petitioner

is before this Court on account of the fact that recovery

proceedings have been initiated against the petitioner pending

consideration of the matter by the Income Tax Appellate

Tribunal/First Appellate Authority.

2. Heard the learned Standing Counsel appearing for

the Income Tax Department also.

3. Having heard the learned counsel appearing for the

petitioner and the learned Standing Counsel appearing for the

Income Tax Department, the writ petition will stand disposed of,

directing that recovery of any amount adjudicated as due under 2024:KER:71634

Ext.P1 order of assessment (as confirmed by Ext.P4 order by the

First Appellate Authority) shall remain suspended until Ext.P7

stay petition is heard and disposed of by the Income Tax

Appellate Tribunal. The Income Tax Appellate Tribunal shall

endeavour to pass orders on Ext.P7 stay petition, within a

period of three months from the date of receipt of a certified

copy of this judgment. Since the petitioner has not preferred any

stay petition in Ext.P5 appeal filed against Ext.P3 order imposing

penalty, it is directed that, if the petitioner files a stay petition

before the 3rd respondent (the First Appellate Authority) before

whom Ext.P5 appeal is pending, within a period of ten days from

the date of receipt of a certified copy of this judgment, any

recovery pursuant to Ext.P3 order imposing penalty shall remain

suspended till a decision is taken on the stay petition to be filed

by the First Appellate Authority (the 3rd respondent).

The writ petition is ordered accordingly.

Sd/-

GOPINATH P. JUDGE ajt 2024:KER:71634

APPENDIX OF WP(C) 33673/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE ASSESSMENT ORDER FOR AY 2015-16 DATED 28.12.2017 ISSUED BY THE FIRST RESPONDENT

Exhibit P2 A TRUE COPY OF THE DEMAND NOTICE FOR AN AMOUNT OF RS.24,21,38,090/- U/S 156 DATED 28.12.2017 ISSUED BY THE FIRST RESPONDENT

Exhibit P3 A TRUE COPY OF THE PENALTY ORDER U/S 271(1) (C) DATED 28.03.2024 ISSUED BY THE 4TH RESPONDENT

Exhibit P4 A TRUE COPY OF THE APPELLATE ORDER U/S 250 ISSUED BY THE 3RD RESPONDENT DATED 24.08.2023

Exhibit P5 A TRUE COPY OF THE APPEAL AGAINST PENALTY ORDER FILED BEFORE THE 3RD RESPONDENT DATED 26.04.2024

Exhibit P6 A TRUE COPY OF THE APPEAL FOR AY 2015-16 BEFORE THE 5TH RESPONDENT DATED 16.10.2023

Exhibit P7 A TRUE COPY OF THE STAY PETITION FOR AY 2015- 16 BEFORE THE 5TH RESPONDENT DATED 25.10.2023

Exhibit P8 A TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT DATED 11.09.2024

Exhibit P9 A TRUE COPY OF THE JUDGMENT IN WP (C) NO.26424 OF 2024 DATED 24.07.2024