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. 11951 OF 2021 PETITIONER/S: THE KONGAD SERVICE CO-OPERATIVE BANK LTD.,NO.-P 538, KONGAD POST, PALAKKAD - 678631, REPRESENTED BY ITS SECRETARY, SHYLA.K, AGED 57, D/O C.GANGADHARAN NAIR. BY ADVS.HARISANKAR V. MENONMEERA V.MENON RESPONDENT/S: 1. THE ADDITIONAL / JOINT / DEPUTY / ASST. COMMISSIONER OFINCOME TAX / INCOME TAX OFFICER, NATIONAL e-ASSESSMENT CENTRE, DELHI - 110001.INCOME TAX / INCOME TAX OFFICER, NATIONAL e-ASSESSMENT CENTRE, DELHI - 110001. 2. 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 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 as is evident from Ext.P3(a). 2. I have heard learned Counsel for the petitioner as well as learnedStanding 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 the stay petition filed along with the statutory appeal to beconsidered in a time bound manner. Accordingly, there will be a direction to the 2[nd] respondent to dispose ofthe stay petition Ext.P3(a) filed along with the statutory appeal. The staypetition shall be considered and disposed of within a period of four monthsfrom the date of receipt of a copy of this judgment. All coercive action -3- pursuant to Ext.P1 shall be kept in abeyance till the disposal of the staypetition. The Petitioner shall furnish a copy of this judgment to the 2[nd]respondent for appropriate action. The writ petition is disposed of as above. uu 08.06.2021 Sd/- BECHU KURIAN THOMASJUDGE WP(C) NO. 11951 OF 2021 -4- PETITIONER'S/S EXHIBITS: APPENDIX EXHIBIT P1 COPY 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 DELHI EXHIBIT P2(a)COPY OF THE S.O.NO.3297(E) ISSUED BY THE MINISTRY OF FINANCE, NEW DELHI EXHIBIT P3COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT 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. EXHIBIT P4 COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.5849/2021.