Disposed

The Vallapuzha Service Co-Op. Bank Ltd. v. the Income Tax Officer(Tds), Palakkad

Kerala HC17 Aug 2016WP(C)/3755/2010

Case brief

AI extract

What is this about?

Petitioner challenged penalty order under Income Tax Act. As appeal existed but no second appeal was filed, Court permitted petitioner to file second appeal in Tribunal within one month and maintained interim stay.

What did the court decide?

Petitioner permitted to file second appeal before Tribunal within one month; interim stay order extended for same period.

The Vallapuzha Service Co-Op. Bank Ltd. Vs the Income Tax… — Income Tax | Kerala HC (2016)

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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 A.M.SHAFFIQUE

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WEDNESDAY, THE 17TH DAY OF AUGUST 2016/26TH SRAVANA, 1938

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WP(C).No. 3755 of 2010 (T)

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PETITIONER(S) :

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THE VALLAPUZHA SERVICE CO-OP. BANK LTD. VALLAPPUZHA, NELLAYA, PALAKKAD DISTRICT 679 336, REP BY ITS SECRETARY, SHRI K.RAMANUNNY.

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BY SRI.T.M.SREEDHARAN (SENIOR ADVOCATE) ADVS. SRI.V.P.NARAYANAN SMT.C.K.SHERIN

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RESPONDENT(S) :

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1. THE INCOME TAX OFFICER(TDS), PALAKKAD RANGE, PALAKKAD.

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2. THE COMMISSIONER OF INCOME TAX (APPEALS)-V, KERA BHAVAN, 6TH FLOOR, SRVHS ROAD, KOCHI-11

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BY ADV. SRI.JOSE JOSEPH, S.C

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 3755 of 2010 (T)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1: TRUE COPY OF THE ORDER U/S.201 OF THE IT ACT, 1961 DATED 30.01.2009 FOR 2007-2008 PASSED BY THE FIRST RESPONDENT.

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EXHIBIT P2: TRUE COPY OF THE ORDER U/S.201 OF THE IT ACT, 1961 DATED 30.01.2009 FOR 2008-2009 PASSED BY THE FIRST RESPONDENT.

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EXHIBIT P3: TRUE COPY OF MEMORANDUM OF APPEAL DATED 16.03.2009 FOR 2007-2008 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

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EXHIBIT P4: TRUE COPY OF MEMORANDUM OF APPEAL DATED 16.03.2009 FOR 2008-2009 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

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EXHIBIT P5: TRUE COPY OF THE STAY PETITION FOR 2007-2008 DATED 16.03.2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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EXHIBIT P6: TRUE COPY OF THE STAY PETITION FOR 2008-2009 DATED 16.03.2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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EXHIBIT P7: TRUE COPY OF NOTICE DATED 30.12.2009 PASSED BY THE FIRST RESPONDENT.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

A.M.SHAFFIQUE, J

*** * * * * * * * * * * *** W.P.C.No.3755 of 2010

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Dated this the 17^th day of August 2016

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J U D G M E N T

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This writ petition is filed challenging Exts.P1 and P2 by which a demand had been made by the Income Tax Department under Section 201 of the Income Tax Act, 1961 in respect of the assessment years 2007-08 and 2008-09. According to the petitioner, during the pendency of the writ petition, an appeal was preferred and the same came to be rejected. However, no second appeal was filed.

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Having regard to the fact that this writ petition was pending and there was a stay of recovery, it would only be appropriate to give the petitioner an opportunity to prefer a second appeal before the Tribunal.

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In the result, this writ petition is disposed of as under:

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i) Petitioner is permitted to file an appropriate

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appeal before the Tribunal within a period of one month from the date of receipt of a copy of this judgment.

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W.P.C.No.3755/2010

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ii) Interim order granted in this case shall remain in

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force for the said one month period.

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(sd/-)

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(A.M.SHAFFIQUE, JUDGE)

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jsr

The Vallapuzha Service Co-Op. Bank Ltd. v. the Income Tax Officer(Tds), Palakkad

Case brief

What is this about?

What did the court decide?

The Vallapuzha Service Co-Op. Bank Ltd. v. the Income Tax Officer(Tds), Palakkad

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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