By Advs.harisankar v. Menonmeera V.menon

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 8 DAY OF JUNE 2021 / 18TH JYAISHTA, 1943 WP(C) NO. 11911 OF 2021 PETITIONER/S: THE KODAKARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.R761KODAKARA, THRISSUR - 680684, REPRESENTED BY ITS MANAGING DIRECTOR, V.D.BIJU BY ADVS.HARISANKAR V. MENONMEERA V.MENON RESPONDENT/S: THE ADDL./JOINT/DEPUTY/ASST. COMMISSIONER OF INCOME TAX/INCOME TAX OFFICER, NATIONAL e-ASSESSMENT CENTRE, DELHI - 110001 NATIONAL FACELESS APPEAL CENTRE, DELHI - 110001, REPRESENTED BY THE PRINCIPAL CHIEF COMMISSIONER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- JUDGMENT Petitioner is a Co-operative Society allegedly carrying on the business ofproviding credit facilities to its members. Petitioner has claimed the benefitunder Section 80P (2)(a)(i) of the Income Tax Act, 1961. By Ext.P1 order ofassessment, the claim for deduction under Section 80P was rejected.Challenging Ext.P1, an appeal has been preferred before the 2[nd] respondent.A stay petition has also been preferred by the Petitioner as is evident fromExt.P3(a). 2. I have heard the learned Counsel for the petitioner as well as thelearned Standing Counsel, who took notice on behalf of the department. 3. Considering the nature of the issues involved and the argumentsadvanced, I am of the view that this writ petition itself can be disposed of bydirecting consideration of the stay petition filed along with the statutoryappeal. 4. Accordingly, there will be a direction to the 2[nd] respondent to disposeof the stay petition Ext.P3(a) filed along with the statutory appeal preferred WP(C) NO. 11911 OF 2021 -3- by the Petitioner. The stay petition shall be considered and disposed ofwithin a period of four months from the date of receipt of a copy of thisjudgment. All coercive action pursuant to Ext.P1 shall be kept in abeyance tillthe disposal of the stay petition. Petitioner shall furnish a copy of thisjudgment to the 2[nd] respondent for appropriate action. The writ petition is disposed of as above. uu08.06.2021 Sd/-BECHU KURIAN THOMASJUDGE WP(C) NO. 11911 OF 2021 -4- APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2018-19 EXHIBIT P2COPY OF THE S.O.NO.3296(E) ISSUED BY THE MINISTRY OF FINANCE, NEW DELHIEXHIBIT P2(a)COPY OF THE SO.ONO.3297(E) ISSUED BY THE MINISTRY OF FINANCE, NEW DELHIEXHIBIT P3COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENTEXHIBIT P3(a)COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE ADDITIONAL/JOINT/ASSISTANT COMMISSIONER OF INCOME TAX, COMMISSIONER OF INCOME TAX (APPEALS), NATIONAL FACELESS APPEAL CENTRE, DELHI