Allowed

The Puthenchira Service Co-Operative Bank Ltd. No. 2264, v. the Income Tax Officer

Kerala HC18 Oct 2022WA/720/2020

Case brief

AI extract

What is this about?

The High Court disposed of this writ appeal. The appellant's tax appeal before the Tribunal was allowed on the merits, extending deductions under Section 80P of the Income Tax Act. Consequently, the High Court held the cause of action did not survive, directed the Assessing Officer to refund deposited tax dues to the appellant, and granted liberty to apply for appropriate interest on the refund.

What did the court decide?

Direction to refund the tax amount deposited by the appellant and liberty to represent the matter regarding refund and interest.

The Puthenchira Service Co-Operative Bank Ltd. No. 2264… — Banking and Recovery | Kerala HC (2022)

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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 S.V.BHATTI

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THE HONOURABLE MR.JUSTICE BASANT BALAJI

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TUESDAY, THE 18^TH DAY OF OCTOBER 2022 / 26TH ASWINA, 1944

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WA NO. 720 OF 2020

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AGAINST THE JUDGMENT IN WP(C) 8516/2020 OF HIGH COURT OF KERALA

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APPELLANT:

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THE PUTHENCHIRA SERVICE CO-OPERATIVE BANK LTD NO. 2264, PUTHENCHIRA, MALA, THRISSUR-680 682, REPRESENTED BY ITS SECRETARY.

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BY ADV P.C.SASIDHARAN

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RESPONDENTS:

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1 THE INCOME TAX OFFICER WARD 2(4), THRISSUR, OFFICE OF THE INCOME TAX OFFICER, SHAKTHANTHAMPURAN NAGAR, THRISSUR-680 001.

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2 THE COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAVAN, S.T.NAGAR, THRISSUR-680 001.

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3 THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, ERNAKULAM-682 037.

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BY ADVS.

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SRI.P.K.RAVINDRANATHA MENON (SR.) SRI.JOSE JOSEPH, SC, FOR INCOME TAX

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WA NO. 720 OF 2020

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JUDGMENT

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The writ petitioner is the appellant. The appellant filed the

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writ petition for the following prayers:

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(i) To issue a writ of certiorari, or other appropriate writ, order, or direction to quash Exhibit P6.

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(ii) To declare that the procedure adopted by the Recovery Officer to recover the tax is highly arbitrary, illegal and violative of the statutory mandate contained in Section 336(3) of the Income Tax Act.

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(iii) To forebear and interdict the respondents from encashing the Demand Draft No.560213 dated 13/3/2020 for an amount of Rs. 36,83,875/- and Demand Draft No. 560714 dated 13/3/2020 for an amount of Rs. 7,88,73,094/drawn and kept in the Puthenchira Branch of the Kerala State Co-operative Bank.

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(iv) Issue a writ of mandamus or other appropriate writ order or direction commanding and compelling the respondents not to proceed with any recovery proceedings pursuant to Ext.P2 and P3 till the Exts. P8 to P8(h) and P9 to P9(h) are considered and appropriate orders are passed therein.

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(v) to issue such other writ, order or direction as this Honourable Court may deem fit and proper in the case.

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The subject matter of the writ petition relates to the

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disputes between the appellant and the respondents herein

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concerning the income tax returns filed by the appellant for the

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WA NO. 720 OF 2020

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assessment years 2008-09, 2009-10, 2010-11, 2012-13, 2013-14, 201415, 2015-16, 2016-17, 2017-18. The appellant filed tax appeal before

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the Income Tax Appellate Tribunal aggrieved by the order of assessment and appellate order of the Commissioner of Income Tax (Appeals), Thrissur. The appellant in obedience to the condition imposed by this Court for staying the recovery proceedings deposited a portion of tax demanded for the subject assessment years.

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During the pendency of the appeal, it is stated by the learned counsel Mr. P.C Sasidharan appearing for the appellant that the appeal filed by the appellant before the Tribunal, is allowed in favour of the appellant/assessee and the deduction available under Section 80P of the Income Tax Act has been extended.

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The cause in the appeal does not survive in view of the final adjudication of the tax appeal filed by the appellant before the Tribunal. Therefore, the tax paid or deposited against the demand raised by any of the orders by this Court, if required, is refunded to the appellant/assessee.

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WA NO. 720 OF 2020

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We place on record the subsequent developments taking place in the matter and dispose of the appeal by directing the jurisdictional Assessing Officer/respondents, to refund the amount paid or deposited towards tax dues by the appellant. The appellant is given liberty to represent for refund of the tax amount deposited by enclosing a copy of the judgment and orders are passed in accordance with law on refund and eligible interest in this behalf.

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Writ Appeal is disposed of as indicated above.

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S.V.BHATTI

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JUDGE

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BASANT BALAJI JUDGE

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WA NO. 720 OF 2020

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APPENDIX OF WA 720/2020

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PETITIONER ANNEXURES

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ANNEXURE A1 TRUE COPY OF THE ORDER OF THE INCOME TAX APPELLATE TRIBUNAL DATED 06.10.2020

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ANNEXURE A2: TRUE COPY OF THE STATEMENT.

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RESPONDENT ANNEXURES

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ANNEXURE A: TRUE COPY OF THE PANCHNAMA PREPARED ON 13.3.2020.

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ANNEXURE B: TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 16.03.2020.

The Puthenchira Service Co-Operative Bank Ltd. No. 2264, v. the Income Tax Officer

Case brief

What is this about?

What did the court decide?

The Puthenchira Service Co-Operative Bank Ltd. No. 2264, v. the Income Tax Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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