The Mowanchery Co-Operatrive Rural Bank Ltd. v. Central Board of Direct Taxes, New Delhi / Income-tax Officer, Ward I, Kannuur / Commissioner of Income-tax (Appeals), Kozhikode
[Citation -2015-LL-0120-44]

Citation 2015-LL-0120-44
Appellant Name The Mowanchery Co-Operatrive Rural Bank Ltd.
Respondent Name Central Board of Direct Taxes, New Delhi / Income-tax Officer, Ward I, Kannuur / Commissioner of Income-tax (Appeals), Kozhikode
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 20/01/2015
Assessment Year 2012-13
Judgment View Judgment
Keyword Tags substantial amounts • demand notice • recovery of tax


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT: HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, 20TH DAY OF JANUARY 2015/30TH POUSHA, 1936 WP(C).No. 1772 of 2015 (V) PETITIONER(S): MOWANCHERY CO-OPERATRIVE RURAL BANK LTD. AABAT4821C, P.O., MOWANCHERY KANNUR-KANNUR -670 613, REPRESENTED BY ITS SECRETARY VINAYAKUMAR M.N. BY ADVS.DR.K.P.PRADEEP SRI.I.V.PRAMOD RESPONDENT(S): 1. CENTRAL BOARD OF DIRECT TAXES, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA NORTH BLOCK, NEW DELHI, 110001, REPRESENTED BY ITS CHAIRMAN. 2. INCOME TAX OFFICER, WARD 1, KANNUR AAYAKKAR BHAVAN, KANNOTHUMCHAL, CHOVVA, KANNUUR-670006. 3. COMMISSIONER OF INCOME TAX (APPEALS), KOZHIKODE, AAYAKAR BHAVAN, REVENUE BUILDING, MANANCHIRA, KOZHIKODE. BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-01-2015, COURT ON SAME DAY DELIVERED FOLLOWING: PJ WP(C).No. 1772 of 2015 (V) APPENDIX PETITIONER(S)' EXHIBITS - EXT.P1: TRUE COPY OF CERTIFICATE NO.7000/2012/0 DATED 24.09.2012 ISSUED BY JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KANNUR TO PETITIONER EXT.P2: TRUE COPY OF ASSESSMENT ORDER NO.AABAT4821C DATED 20.11.2014 ISSUED BY 2ND RESPONDENT TO PETITIONER FOR ASSESSMENT YEAR 2012-13 EXT.P3: TRUE COPY OF APPEAL DATED 23.12.2014 FILED BEFORE 3RD RESPONDENT FOR YEAR 2012-13 AGAINST EXT.P2 ASSESSMENT ORDER EXT.P4: TRUE COPY OF DEMAND NOTICE NO. AABAT4821C DATED 20.11.2014 ISSUED BY 2ND RESPONDENT TO PETITIONER FOR YEAR 2012-13 RESPONDENT(S)' EXHIBITS NIL. / TRUE COPY / P.S. TO JUDGE PJ A.K.JAYASANKARAN NAMBIAR, J. - W.P.(C).NO.1772 OF 2015 (V) --- Dated this 20th day of January, 2015 JUDGMENT Against Ext.P2 assessment order passed under Income Tax Act, petitioner has preferred Ext.P3 appeal before 3rd respondent Commissioner of Income Tax (Appeals). It is case of petitioner that even prior to considering Ext.P3 appeal, recovery steps are sought to be pursued for recovery of amounts confirmed by Ext.P2 assessment order. 2. Heard Sri.K.P.Pradeep, learned counsel appearing for petitioner and Smt.Lilly K.T., learned Standing counsel for respondents. 3. On consideration of facts and circumstances of case as also submissions made across Bar, I am of view that insofar as appeal preferred by petitioner against assessment order is pending consideration before 3rd respondent W.P.(C).No.1772/2015 2 appellate authority, it would be in interests of justice to direct 3rd respondent authority to consider and pass orders on Ext.P3 appeal preferred by petitioner before him, within period of two months from date of receipt of copy of this judgment. I note, however, that in this case, substantial amounts have been confirmed against petitioner by Ext.P2 assessment order. Although counsel for petitioner would point out that similar issue for earlier assessment years is pending consideration before this court in Income Tax Appeals that have been filed against orders of Appellate Tribunal, it is learnt that in all those cases, petitioner has deposited some amounts during pendency of appeals. Thus, in this case also, petitioner is required to deposit portion of demand as precondition for directing 3rd respondent appellate authority to dispose appeal itself on merits. Accordingly, petitioner is directed to pay 50% of tax amounts confirmed against it by Ext.P2 assessment order, within period of one month from date of receipt of copy of this judgment. As already noticed, 3rd respondent shall dispose Ext.P3 appeal, after hearing petitioner, within period of two months from date of receipt of copy of this W.P.(C).No.1772/2015 3 judgment. writ petition is disposed as above. A.K.JAYASANKARAN NAMBIAR JUDGE prp Mowanchery Co-Operatrive Rural Bank Ltd. v. Central Board of Direct Taxes, New Delhi / Income-tax Officer, Ward I, Kannuur / Commissioner of Income-tax (Appeals), Kozhikode
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