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. 11935 OF 2021 PETITIONER : THE MKD (MANNARKKAD) TALUK GOV. EMPLOYEES CO-OP. CREDIT SOCIETY LIMITED P-630MANNARKKAD P.O., PALAKKAD – 678 582, REPRESENTED BY ITS SECRETARY, UMA N.V. BY ADVS.HARISANKAR V. MENONMEERA V.MENON RESPONDENTS: 1.THE ADDITIONAL/JOINT/DEPUTY/ASST. COMMISSIONER OFINCOME TAX/ INCOME TAX OFFICER, NATIONAL E-ASSESSMENT CENTRE, DELHI – 110 001 2.NATIONAL FACELESS APPEAL CENTRE, DELHI – 110 001,REPRESENTED BY THE PRINCIPAL CHIEF COMMISSIONER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON08.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Petitioner is a Co-operative Society allegedly carrying on the business of providing credit facilities to its members. In the assessmentproceedings for the year 2018-19, Petitioner claimed the benefit ofdeduction under Section 80P(2)(a)(i) of the Income Tax Act, 1961.However, by Ext.P1 order of assessment, the claim for deduction underSection 80P was rejected. Challenging Ext.P1, an appeal has beenpreferred before the 2[nd] respondent. A stay petition has also beenpreferred, as is evident from Ext.P3(a). 2. I have heard learned Counsel for the petitioner as well as learned Standing Counsel, who took notice on behalf of the department. 3. Considering the nature of the issues involved and thearguments advanced, I am of the view that the writ petition itself can bedisposed of by directing consideration of the stay petition filed along withthe statutory appeal in a time bound manner. Accordingly, there will be a direction to the 2[nd] respondent todispose of Ext.P3(a) stay petition filed along with the statutory appeal.The stay petition shall be considered and disposed of within a period offour months from the date of receipt of a copy of this judgment. All coercive action pursuant to Ext.P1 shall be kept in abeyance till thedisposal 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. Sd/-BECHU KURIAN THOMASJUDGE RKM APPENDIX PETITIONER'S EXHIBITS : P1 :COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2018-19.FOR THE YEAR 2018-19. P2 :COPY OF THE S.O.NO.3296(E) ISSUED BY THE MINISTRY OF FINANCE, NEW DELHI.FINANCE, NEW DELHI. P2(a) : COPY OF THE S.O.NO.3297(E) ISSUED BY THE MINISTRY OF FINANCE, NEW DELHI FINANCE, NEW DELHI P3 :COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.2ND RESPONDENT. P3 (a) : COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THEADDITIONAL/ JOINT/ ASSISTANT COMMISSIONER OF INCOME TAX,COMMISSIONER OF INCOME TAX (APPEALS), NATIONAL FACELESS APPEAL CENTRE, DELHI.ADDITIONAL/ JOINT/ ASSISTANT COMMISSIONER OF INCOME TAX,COMMISSIONER OF INCOME TAX (APPEALS), NATIONAL FACELESS APPEAL CENTRE, DELHI. P4 :COPY OF THE ORDER OF THIS HON'BLE COURT IN W.P.(C).NO.5849/2021.(C).NO.5849/2021.