The Nattakam Service Co-Operative Bank Limited v. The Income-tax Officer (TDS), Kottayam / The Commissioner of Income-tax (Appeals), Kottayam
[Citation -2020-LL-0730-2]

Citation 2020-LL-0730-2
Appellant Name The Nattakam Service Co-Operative Bank Limited
Respondent Name The Income-tax Officer (TDS), Kottayam / The Commissioner of Income-tax (Appeals), Kottayam
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 30/07/2020
Assessment Year 2017-18
Judgment View Judgment
Keyword Tags demand notice • stay petition
Bot Summary: No.15042 OF 2020 2 JUDGMENT Against Exts.P1 and P3 orders under Section 201(1)/201(1A) of the Income Tax Act, the petitioner has preferred Exts.P5 and P6 appeals together with Exts.P10 and P11 stay petitions before the 2 nd respondent. It is the case of the petitioner that during the pendency of the appeal, and with a view to keeping in abeyance recovery steps, he had approached the 1st respondent for a stay and the 1 st respondent by Exts.P8 and P9 orders had directed a payment of 20 of the amount pending disposal of the appeal. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I find that the petitioner has preferred Exts.P10 and P11 stay petitions before the 2 nd respondent appellate authority and the said authority is in seisin of the same. Under the said circumstances, I am of the view that recovery proceedings pursuant to Exts.P1 and P3 orders can be kept in abeyance till such time as the first appellate authority considers the stay petition. No.15042 OF 2020 3 pass orders on Exts.P10 and P11 stay petitions within four months from the date of receipt of a copy of this judgment, after hearing the petitioner. Recovery steps for recovery of amounts confirmed against the petitioner by Exts.P1 and P3 orders shall be kept in abeyance till such time as orders are passed by the 2 nd respondent as directed above and communicated to the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 2 nd respondent, for further action.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, 30TH DAY OF JULY 2020 / 8TH SRAVANA, 1942 WP(C).No.15042 OF 2020 PETITIONER: NATTAKAM SERVICE CO-OPERATIVE BANK LIMITED, NO.3839 REPRESENTED BY ITS SECRETARY T.R SATHYADEVAN, AGED 58 YEARS, S/O. RAVEENDRAN, NATTAKOM, PAKKIL P.O, KOTTAYAM DISTRICT, PIN 686 012 BY ADVS. SRI.C.A.JOJO SRI.S.JIJI RESPONDENTS: 1 INCOME TAX OFFICER (TDS) PUBLIC LIBRARY BUILDING, KOTTAYAM, KOTTAYAM PIN 686 001 2 COMMISSIONER OF INCOME TAX (APPEALS), PUBLIC LIBRARY BUILDING, KOTTAYAM RANGE, KOTTAYAM, PIN 686 001 BY ADV.SRI. CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.07.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.15042 OF 2020 2 JUDGMENT Against Exts.P1 and P3 orders under Section 201(1)/201(1A) of Income Tax Act, petitioner has preferred Exts.P5 and P6 appeals together with Exts.P10 and P11 stay petitions before 2 nd respondent. It is case of petitioner that during pendency of appeal, and with view to keeping in abeyance recovery steps, he had approached 1st respondent for stay and 1 st respondent by Exts.P8 and P9 orders had directed payment of 20% of amount pending disposal of appeal. 2. I have heard learned counsel appearing for petitioner and also learned Standing counsel appearing for respondents. On consideration of facts and circumstances of case as also submissions made across Bar, I find that petitioner has preferred Exts.P10 and P11 stay petitions before 2 nd respondent appellate authority and said authority is in seisin of same. Under said circumstances, I am of view that recovery proceedings pursuant to Exts.P1 and P3 orders can be kept in abeyance till such time as first appellate authority considers stay petition. Accordingly, I dispose Writ Petition by directing 2 nd respondent to consider and WP(C).No.15042 OF 2020 3 pass orders on Exts.P10 and P11 stay petitions within four months from date of receipt of copy of this judgment, after hearing petitioner. Recovery steps for recovery of amounts confirmed against petitioner by Exts.P1 and P3 orders shall be kept in abeyance till such time as orders are passed by 2 nd respondent as directed above and communicated to petitioner. Further, in view of above directions to appellate authority, Exts.P8 and P9 orders of 1 st respondent are quashed. petitioner shall produce copy of writ petition together with copy of this judgment, before 2 nd respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE mns WP(C).No.15042 OF 2020 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ORDER U/S 201(1) 201(1A) OF INCOME TAX ACT, 1961 ISSUED BY 1ST RESPONDENT DATED 31-12-2019 FOR AY 2017-18 EXHIBIT P2 TRUE COPY OF DEMAND NOTICE FOR AY. 2017-18 DATED 31-12-2019 FOR AMOUNT OF RS. 13,00,462/- ISSUED BY 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF ORDER U/S. 201(1) 201(1A) OF INCOME TAX ACT, 1961 ISSUED BY 1ST RESPONDENT DATED 31-12-2019 FOR AY 2018-19 EXHIBIT P4 TRUE COPY OF DEMAND NOTICE FOR AY 2018-19 DATED 31-12-2019 FOR AMOUNT OF RS. 12,50,801/- ISSUED BY 1ST RESPONDENT EXHIBIT P5 TRUE COPY OF APPEAL FOR AY 2017-18 DATED 29-01- 2020 FILED BEFORE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF APPEAL FOR AY 2018-19 DATED 29-01- 2020 FILED BEFORE 2ND RESPONDENT EXHIBIT P7 TRUE COPY OF STATUTORY STAY PETITION FOR FY 2017-18 DATED 03-02-2020 BEFORE 1ST RESPONDENT U/S 220(6) EXHIBIT P8 TRUE COPY OF ORDER FOR 2017-18 DATED 17-03-2019 ISSUED BY 1ST RESPONDENT EXHIBIT P9 TRUE COPY OF ORDER FOR 2018-19 DATED 17-03-2019 ISSUED BY 1ST RESPONDENT. EXHIBIT P10 TRUE COPY OF STAY PETITION FOR AY 2017-18 FILED BEFORE 2ND RESPONDENT DATED 24/07/2020. EXHIBIT P11 TRUE COPY OF STAY PETITION FOR AY 2018-19 FILED BEFORE 2ND RESPONDENT DATED 24/07/2020. RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE Nattakam Service Co-Operative Bank Limited v. Income-tax Officer (TDS), Kottayam / Commissioner of Income-tax (Appeals), Kottayam
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