High Court of KeralaSingle JudgeDisposed of with directions to the Appellate Au...

Pappinivattam Service Co-operative Society Ltd. v. Commissioner of Income Tax (Appeals), Thrissur & The Income Tax Officer, Ward 2(4), Shaktan Nagar, Thrissur

Case / Petition Number:WP(C).No.20015/2019, WP(C).No.20016/2019, WP(C).No.20017/2019

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • N. Nagareesh
Judgment Date
2019-07-22
Court Decision / Holding
Writ petitions disposed of directing the 1st respondent – Appellate Authority to consider and pass appropriate orders on Ext.P2 appeals expeditiously and to refrain from coercive steps against the petitioner Society till the appeals are disposed of.
Final Disposition
Disposed of with directions to the Appellate Authority to expeditiously consider Ext.P2 appeals and refrain from coercive steps until disposal.

Parties to the Case

Appellants / Petitioners

  • Pappinivattam Service Co-Operative Society Ltd., represented by its Secretary

Respondents

  • The Commissioner of Income Tax (Appeals), Ayakar Bhavan, Shaktan Nagar, Thrissur, 680 001
  • The Income Tax Officer, Ward 2(4), Shaktan Nagar, Thrissur, 680 001

Legal Representation & Advocates

Counsels for Petitioners

  • • Adv. Sri. O. D. Sivadas

Counsels for Respondents

  • • Adv. Sri. Jose Joseph, SC

Case Synopsis & Summary

These writ petitions challenge income tax assessments for the years 2012-13, 2013-14 and 2015-16 of the Pappinivattam Service Co-Operative Society Ltd. The Society, registered under the Kerala Co-operative Societies Act, received assessment orders (Ext. P1) and filed statutory appeals (Ext. P2). Before these appeals were adjudicated, the Income Tax Officer issued recovery notices under Section 221(1) of the Income Tax Act, 1961 (Ext. P3). The petitioner contends that, in an identical matter, this Court directed the appellate authority to decide the appeals first and to refrain from coercive steps until disposal, citing W.P. (C) No.13364/2019 and the Division Bench decision in W.A. No.1529/2019, and the Full Bench decision in The Mavilayi Service Co-operative Bank Ltd. v. The Commissioner of Income Tax, Calicut (2019 (2) KHC 287). After hearing the petitioner and the Standing Counsel for the Department, the Court held that the writ petitions can be disposed of in a similar manner. Accordingly, the 1st respondent Appellate Authority was directed to consider the Ext. P2 appeals expeditiously and to refrain from coercive action against the Society until the appeals are disposed of. The decision effectively affords the Society interim relief pending the resolution of its statutory appeals.

Provisions of Law Cited

Income Tax Act, 1961, Section 221(1)Kerala Co-operative Societies Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner society argued that an identical case in W.P. (C) No.13364/2019 and the Division Bench decision in W.A. No.1529/2019, as well as the Full Bench decision in The Mavilayi Service Co-operative Bank Ltd. v. The Commissioner of Income Tax, Calicut (2019 (2) KHC 287), require the appellate authority to consider the pending statutory appeals first and to refrain from coercive recovery steps until disposal. Ext.P3 notices under Section 221(1) of the IT Act are premature pending adjudication of Ext.P2 appeals; hence, a interim protective order is warranted. Respondents: The respondents contended, through the Standing Counsel for the Department, that assessments and recovery notices are valid and that the courts should not automatically stay recovery without considering the statutory framework; however, they acknowledged pendency of appeals and the need for timely adjudication, opposing any blanket stay beyond lawful constraints.

Contentions of Respondents

The department emphasizes compliance with statutory assessment and recovery processes and supports expeditious disposal of appeals, while maintaining that coercive steps cannot be halted beyond what the law permits; no detailed counter-arguments are articulated in the provided text beyond urging adherence to due process.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
The Mavilayi Service Co-operative Bank Ltd. v. The Commissioner of Income Tax, Calicut2019 (2) KHC 287Mentioned OnlyCited as a background Full Bench decision referenced for context; the present order notes it but does not apply its substantive findings directly.
W.A. No.1529/2019W.A. No.1529/2019PositiveDivision Bench decision directing the Commissioner of Income Tax (Appeals) to decide statutory appeals expeditiously taking note of the Mavilayi decision; the current Court adopts a similar approach.
W.P. (C) No.13364/2019W.P. (C) No.13364/2019PositiveIdentical case where the Court directed appellate authority to consider appeals first and suspend coercive steps; the present matter follows the same course.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **MONDAY, THE 22ND DAY OF JULY 2019 / 31ST ASHADHA, 1941** ## **WP(C).No.20015 of 2019** ## **PETITIONER:** **THE PAPPINIVATTAM SERVICE CO-OPERATIVE SOCIETY LTD. NO. R.309, P.O. MATHILAKAM, KODUNGALLUR, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY.** **BY ADV. SRI.O.D.SIVADAS** ## **RESPONDENTS:** **1 THE COMMISSIONER OF INCOME TAX(APPEALS), AYAKAR BHAVAN, SHAKTAN NAGAR, THRISSUR, PIN - 680 001. 2 THE INCOME TAX OFFICER, WARD 2 (4), SHAKTAN NAGAR, THRISSUR, PIN - 680 001.** **ADV. SRI.JOSE JOSEPH, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.07.2019, ALONG WITH WP(C).20016/2019 AND WP(C).20017/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **2** # **WP(C) Nos.20015, 20016 & 20017 of 2019** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **MONDAY, THE 22ND DAY OF JULY 2019 / 31ST ASHADHA, 1941** ## **WP(C).No.20016 of 2019** ## **PETITIONER:** **THE PAPPINIVATTAM SERVICE CO OP SOCIETY LTD NO.R309, P.O. MATHILAKAM , KODUNGALLUR, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY.** **BY ADV. SRI.O.D.SIVADAS** ## **RESPONDENTS:** **1 THE COMMISSIONER OF INCOME TAX (APPEALS), AYAKAR BHAVAN, SHAKTAN NAGAR, THRISSUR DISTRICT, PIN - 680 001. 2 THE INCOME TAX OFFICER, WARD 2(4), SHAKTAN NAGAR, THRISSUR, PIN - 680 001.** **ADV. SRI.JOSE JOSEPH, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.07.2019, ALONG WITH WP(C).20017/2019 AND WP(C).20015/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) Nos.20015, 20016 & 20017 of 2019** **3** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **MONDAY, THE 22ND DAY OF JULY 2019 / 31ST ASHADHA, 1941** ## **WP(C).No.20017 of 2019** ## **PETITIONER:** **THE PAPPINIVATTAM SERVICE CO-OPERATIVE SOCIETY LTD. NO.R.309, P.O. MATHILAKAM, KODUNGALLUR, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY.** **BY ADV. SRI.O.D.SIVADAS** ## **RESPONDENTS:** |**1**|**THE COMMISSIONER OF INCOME TAX(APPEALS),**| |---|---| ||**AYAKAR BHAVAN, SHAKTAN NAGAR,**| ||**THRISSUR, PIN - 680 001.**| |**2**|**THE INCOME TAX OFFICER,**| ||**WARD 2(4), SHAKTAN NAGAR,**| ||**THRISSUR, PIN - 680 001.**| **ADV. SRI.JOSE JOSEPH, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.07.2019, ALONG WITH WP(C).20016/2019, WP(C).20015/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) Nos.20015, 20016 & 20017 of 2019** **4** ## **J U D G M E N T** ~ ~ ~ ~ ~ ~ ~ ~ ~ [W.P. (C) .20015/2019, 20016/2019 & 20017/2019] These writ petitions have been filed by the petitioner which is a Co-operative Society registered under the Kerala Co-operative Societies Act. Income tax assessment orders have been passed in respect of the Society for the years 2012-13, 2013-14 and 2015-16 as per Ext.P1 in all the writ petitions. Aggrieved by the assessment orders, the petitioner - Society filed Ext.P2 appeal against those assessment orders. Pending these appeals, the Income Tax Officer has issued Ext.P3 notices under Section 221(1) of the Income Tax Act, 1961 seeking recovery of the amount of assessment. 2. The learned counsel for the petitioner points out that in an identical case, i.e., W.P. (C) No.13364/2019, this Court has passed orders directing the appellate authority to consider the appeals preferred by the Society first and not to take any coercive steps till the finalisation of the appeal. In **WP(C) Nos.20015, 20016 & 20017 of 2019** **5** judgment in W.A. No.1529/2019, an identical case, a Division Bench of this Court directed the Commissioner of Income Tax (Appeals) to consider and dispose of statutory appeals filed by the appellant therein at the earliest taking note of the Full Bench decision in _**The Mavilayi Service Co-operative bank Ltd. v. The Commissioner of Income Tax, Calicut** [2019 (2) KHC 287]_ . 3. Heard learned counsel for the petitioner and learned Standing Counsel for the Department of Income Tax. 4. After perusing the pleadings, I feel that these writ petitions also can be disposed of in similar manner. Accordingly, these writ petitions are disposed of directing the 1[st] respondent - Appellate Authority to consider and pass appropriate orders on Ext.P2 appeals, as expeditiously as possible and it is further directed that further steps of coercive nature shall not be resorted to against the petitioner - Society till the appeals are disposed of. Sd/- ## **N. NAGARESH, JUDGE** aks/22.07.2019 **WP(C) Nos.20015, 20016 & 20017 of 2019** **6** ## **APPENDIX OF WP(C) 20015/2019** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 COPY OF THE ASSESSMENT ORDER DATED 02.03.2016 ISSUED BY THE 2ND RESPONDENT FOR THE PERIOD 2013-14. EXHIBIT P2 COPY OF THE APPEAL DATED 28.03.2016 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE PERIOD 2013-14. EXHIBIT P3 COPY OF THE ORDER PROCEEDINGS DATED 12.07.2019 ISSUED BY THE 2ND RESPONDENT.** **WP(C) Nos.20015, 20016 & 20017 of 2019** **7** ## **APPENDIX OF WP(C) 20016/2019** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **COPY OF THE ASSESSMENT ORDER DATED 22.12.2016 ISSUED BY THE 2ND RESPONDENT FOR THE PERIOD 2012-13.** **EXHIBIT P2 COPY OF THE APPEAL DATED 30.01.2017 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE PERIOD 2012-13.** **EXHIBIT P3** **COPY OF THE ORDER PROCEEDINGS DATED 12.07.2019 ISSUED BY THE 2ND RESPONDENT.** **WP(C) Nos.20015, 20016 & 20017 of 2019** **8** ## **APPENDIX OF WP(C) 20017/2019** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **COPY OF THE ASSESSMENT ORDER DATED 16.11.2017 ISSUED BY THE 2ND RESPONDENT FOR THE PERIOD 2015-16.** **EXHIBIT P2 COPY OF THE APPEAL DATED 12.12.2017 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE PERIOD 2015-16.** **EXHIBIT P3** **COPY OF THE ORDER PROCEEDING DATED 12.07.2019 ISSUED BY THE 2ND RESPONDENT.**