Bank Ltd. & Others v. Commissioner Of Income Tax, Calicut

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 1 DAY OF NOVEMBER 2021 / 10TH KARTHIKA, 1943 WP(C) NO. 23696 OF 2021 PETITIONER : ITHITHANAM SERVICE CO-OPERATIVE BANK LTD., MALAKUNNAM P. O., CHANGANACHERRY, KOTTAYAM - 686 535, REPRESENTED BY ITS SECRETARY, MRS. SENSAMMA SEBASTIAN. BY ADVS.A.KUMARP.J.ANILKUMARG.MINI(1748)P.S.SREE PRASAD RESPONDENTS : 1ADDITIONAL/JOINT/DEPUTY AND ASSISTANT COMMISSIONER OF INCOME TAX, NATIONAL E-ASSESSMENT CENTRE, DELHI - 110 001. 2THE COMMISSIONER OF INCOME TAX (APPELAS)DELHI - 110001. NATIONAL FACELESS APPEAL CENTRE, BY ADV.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON01.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BECHU KURIAN THOMAS, J.=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No.23696 of 2021=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 1[st] day of November, 2021 JUDGMENT The writ petitioner seeks for a direction to consider andpass orders on Ext.P3 appeal as expeditiously as possible withoutinsisting on any payment of any amount for stay of the demand asper Ext.P1 assessment order. 2. I have heard Adv.A.Kumar, learned counsel for the writpetitioner as well as the learned Standing Counsel, Sri.Jose Josephfor the respondents. 3. The issue in the appeal before the appellate court arisesfrom an assessment order, in which the question of entitlement ofthe benefit of deduction under Section 80P of the Income Tax arisesfor consideration. The judgment in Mavilayi Service Co-operative Bank Ltd. & Others v. Commissioner of Income Tax, Calicut & Another reported in [2021 (1) KHC 303] governs the appeal. 4. Since the assessment order is already challenged and is now pending in appeal before the 1st respondent, I am of the opinionthat in the circumstances of the case, the appeal itself can be directed to be disposed of in a time bound manner and asexpeditiously as possible, taking note of the contention of the counselfor the assessee that the matter is covered by the decision of theapex court. 5. In the circumstances, there will be a direction to the 1[st] respondent to dispose of the appeal filed by the petitioner asexpeditiously as possible in a time bound manner. Taking note of theexceptional circumstances arising in the case, especially, in the lightof the Supreme Court judgment referred to above, there shall be astay of all coercive steps against Ext.P1 assessment order pendingdisposal of the appeal before the 1[st] respondent. The writ petition is disposed of accordingly. RKM Sd/- BECHU KURIAN THOMAS, JUDGE APPENDIX OF WP(C) 23696/2021 PETITIONER'S EXHIBITS: Exhibit P1TRUE COPY OF THE ASSESSMENT ORDER FOR THE ASSESSMENT YEAR 2018-19 DATED 30.03.2021. Exhibit P2TRUE COPY OF THE DEMAND NOTICE DATED 30.03.2021. Exhibit P3TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 30.04.2021. Exhibit P4TRUE COPY OF THE APPLICATION FOR STAY DATED 22.10.2021. Exhibit P5TRUE COPY OF THE JUDGMENT IN ITA NO.72/2019 AND CONNECTED CASE DATED 16.03.2021. Exhibit P6TRUE COPY OF THE ORDER IN WRIT PETITION (C) NO.10451/2021 DATED 27.04.2021.