The Nattika Service Co-Operative Bank Ltd. v. The Commissioner of Income-tax (Appeals), Thrissur/The Income-tax Officer, Ward 2, Thrissur
[Citation -2020-LL-0313-95]

Citation 2020-LL-0313-95
Appellant Name The Nattika Service Co-Operative Bank Ltd.
Respondent Name The Commissioner of Income-tax (Appeals), Thrissur/The Income-tax Officer, Ward 2, Thrissur
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 13/03/2020
Assessment Year 2012-13, 2017-18
Judgment View Judgment
Keyword Tags stay petition • demand notice • tax due
Bot Summary: The petitioner preferred Exts.P4 and P9 appeals along with Exts.P6 and P11 stay petitions. The prayer in the writ petition is for expeditious consideration of either the appeals or the stay petitions and to stay the recovery proceedings including the insistence to pay 20 of the amount as demanded under Exts.P5 and P10. 2. The issue regarding imposition of the condition of remittance of 20 of the tax demanded was considered and decided by the Division Bench W.P.(C) No.7920 of 2020 3 of this Court and as per the judgment in W.A.No. After taking note of the peculiar aspects involved and the decision of the Full Bench in Mavilayi Service Co- operative Bank Ltd. v. Commissioner of Income Tax, Calicut 2019 KHC 287, the Division Bench held the insistence for payment of 20 of the tax assessed, while the appeal against the assessment order is pending, to be bad. 3. Heard the learned Standing Counsel for the Income Tax Department also. In the light of the Division Bench decision, the demand for remittance of 20 of the tax assessed pending consideration of the appeals, is illegal. The writ petition is therefore disposed of, directing the first respondent to consider Exts.P4 and P9 appeals filed by the petitioner, as expeditiously as possible.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941 WP(C).No.7920 OF 2020(L) PETITIONER/S: NATTIKA SERVICE CO-OPERATIVE BANK LTD NATTIKA.P.O., THRISSUR-680 566, REPRESENTED BY ITS SECRETARY BY ADV. SRI.P.C.SASIDHARAN RESPONDENT/S: 1 COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, S.T.NAGAR, THRISSUR-680 001 2 INCOME TAX OFFICER, WARD 2,GURUVAYOOR, THRISSUR, OFFICE OF INCOME TAX OFFICER, WEST NADA, GURUVAYOOR, THRISSUR-680 101 OTHER PRESENT: SC JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2020, COURT ON SAME DAY DELIVERED FOLLOWING: W.P.(C) No.7920 of 2020 2 Dated this 13th day of March, 2020 JUDGMENT petitioner, Primary Agricultural Credit Society, is aggrieved by Exts.P1 and P7 assessment orders for years 2012-2013 and 2017-2018 respectively. petitioner preferred Exts.P4 and P9 appeals along with Exts.P6 and P11 stay petitions. Exts.P5 and P10 notices demanding remittance of 20% of tax due, which is in dispute before respondents. prayer in writ petition is for expeditious consideration of either appeals or stay petitions and to stay recovery proceedings including insistence to pay 20% of amount as demanded under Exts.P5 and P10. 2. issue regarding imposition of condition of remittance of 20% of tax demanded was considered and decided by Division Bench W.P.(C) No.7920 of 2020 3 of this Court and as per judgment in W.A.No. 1529 of 2019 and connected cases. After taking note of peculiar aspects involved and decision of Full Bench in Mavilayi Service Co- operative Bank Ltd. v. Commissioner of Income Tax, Calicut [2019 (2) KHC 287], Division Bench held insistence for payment of 20% of tax assessed, while appeal against assessment order is pending, to be bad. 3. Heard learned Standing Counsel for Income Tax Department also. In light of Division Bench decision, demand for remittance of 20% of tax assessed pending consideration of appeals, is illegal. writ petition is therefore disposed of, directing first respondent to consider Exts.P4 and P9 appeals filed by petitioner, as expeditiously as possible. In meanwhile, W.P.(C) No.7920 of 2020 4 further proceedings for recovery based on Exts.P1 and P7 assessment orders, including demand under Exts.P5 and P10, shall be kept in abeyance. sd/- V.G.ARUN JUDGE Scl/13.03.2020 W.P.(C) No.7920 of 2020 5 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 5.11.2019 EXHIBIT P2 TRUE COPY OF COMPUTER SHEET EXHIBIT P3 TRUE COPY OF DEMAND NOTICE DATED 5.11.2019 EXHIBIT P4 TRUE COPY OF APPEAL DATED 9.12.2019 EXHIBIT P5 TRUE COPY OF ORDER DATED 17.1.2020 EXHIBIT P6 TRUE COPY OF STAY PETITION DATED 24.1.2020 EXHIBIT P7 TRUE COPY OF ASSESSMENT ORDER DATED 7.11.2019 EXHIBIT P8 TRUE COPY OF DEMAND NOTICE DATED 7.11.2019 EXHIBIT P9 TRUE COPY OF APPEAL DATED 22.11.2019 EXHIBIT P10 TRUE COPY OF ORDER DATED 17.1.2020 EXHIBIT P11 TRUE COPY OF STAY PETITION DATED 24.1.2020 EXHIBIT P12 TRUE COPY OF JUDGMENT DATED 1.7.2019 IN W.A.NO.1536 OF 2019 Nattika Service Co-Operative Bank Ltd. v. Commissioner of Income-tax (Appeals), Thrissur/The Income-tax Officer, Ward 2, Thrissur
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