Disposed

The Konni Regional Co-Operative Bank Limited v. the Commissioner of Income Tax

Kerala HC9 Dec 2013WP(C)/29600/2013

Case brief

AI extract

What is this about?

Writ petition filed by a cooperative bank with public office bearers as respondents directed the Commissioner of Income Tax to consider an application for waiver of interest and penalty under the Income-Tax Act, 1961. Coercive actions were held pending a remittance condition.

What did the court decide?

The first respondent must consider the application for waiver of interest and penalty within 3 months. Coercive steps are on hold pending remittance of `1,00,000/- within one month besides `2,00,000/-

The Konni Regional Co-Operative Bank Limited Vs the Commissioner… — Income Tax | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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MONDAY, THE 9TH DAY OF DECEMBER 2013/18TH AGRAHAYANA, 1935

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WP(C).No. 29600 of 2013 (Y)

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PETITIONER(S):

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THE KONNI REGIONAL CO-OPERATIVE BANK LIMITED (REG.NO.3833), KONNI P.O., PATHANAMTHITTA PIN-689 691, REPRESENTED BY ITS SECRTARY AND AUTHORISED SIGNATORY SMT. SHYLAJA.S.

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BY ADVS.SRI.ASWIN GOPAKUMAR SRI.PRAVEEN.H. SRI.ANWIN GOPAKUMAR SMT.KALA G.NAMBIAR SRI.K.AMAL NATH NAIK SMT.ROSHNI MANUEL SMT.R.ANJANA

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RESPONDENT(S):

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THE COMMISSIONER OF INCOME TAX PUBLIC LIBRARY BUILDING, LAL BHADUR SHASTRI ROAD KOTTAYAM-686 001.

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THE TAX RECOVERY OFFICER OFFICE OF THE COMMISSIONER OF INCOME TAX PUBLIC LIBRARY BUILDING, LAL BHADUR SHASTRI ROAD KOTTAYAM-686 001

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BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-12-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 29600 of 2013 (Y)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 5/1/2009 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT FOR WAIVER OF INTEREST AND PENALTY.

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EXHIBIT P2 TRUE COPY OF THE LETTER DATED 29/10/2013 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

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EXHIBIT P3 TRUE COPY OF THE REPLY DATED 29/10/2013 SUBMITTED BY THE PETITIONER TO EXT.P2.

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EXHIBIT P4 TRUE COPY OF THE LETTER DATED 15/11/2013 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

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RESPONDENT(S)' EXHIBITS : NIL

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/TRUE COPY/

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P.A. TO JUDGE.

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V. CHITAMBARESH, J

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WP(C) NO. 29600 OF 2013

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Dated this the 9^th day of December, 2013

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JUDGMENT

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The petitioner has filed Ext.P1 application seeking waiver of interest and penalty. The provisions of Section 220 (2A) and Section 273A of the Income Tax Act, 1961 are called in aid. Whether the interest and penalty could be so waived is a matter to be considered by the first respondent.

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I direct the first respondent to consider Ext.P1 application with notice to the petitioner within a period of three months. The coercive steps pursuant to Exts.P2 and P4 letter shall be put on hold in the meanwhile. This is subject to the condition that the petitioner remits a sum of 1,00,000/- (Rupees One lakhs only) towards the dues in addition to the sum of 2,00,000/- (Rupees Two lakhs only) already stated to be remitted. The sum of `1,00,000/- (Rupees One lakh only) shall be paid within a period of one month from today.

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WP(C) No.29600/2013

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The petitioner shall produce a copy of the Writ

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Petition with the judgment before the first respondent for compliance.

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The Writ Petition is disposed of.

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V. CHITAMBARESH JUDGE

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ncd

The Konni Regional Co-Operative Bank Limited v. the Commissioner of Income Tax

Case brief

What is this about?

What did the court decide?

The Konni Regional Co-Operative Bank Limited v. the Commissioner of Income Tax

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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