By Advs.sri.harisankar v. Menon Smt.meera V.menon

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 4TH DAY OF JANUARY 2016/14TH POUSHA, 1937 WP(C).No. 18 of 2016 (B) ------------------------- PETITIONER: -------------- THE PATTAMBI SERVICE CO-OP. BANK LTD. NO. P.585, PATTAMBI PO, OTTAPPALAM PALAKKAD 679303, REPRESENTED BY ITS SECRETARY C.GIRIJA BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENT(S): ---------------------------- 1. THE INCOME TAX OFFICER WARD NO.3, PALAKKAD 678001 2. THE COMMISSIONER OF INCOME TAX (APPEALS) ERNAKULAM, KOCHI 16 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18 of 2016 (B) ------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2012-13. EXT.P2:COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXT.P3:COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT RESPONDENTS EXHIBITS: NIL -------------------------------------- /TRUE COPY/ P.A. TO JUDGE SKV A.K.JAYASANKARAN NAMBIAR, J.------------------------------- W.P.(C).NO.18 OF 2016 (B)-----------------------------------Dated this the 4[th] day of January, 2016 J U D G M E N T Against Ext.P1 assessment order under the Income Tax Act, thepetitioner had preferred Ext.P2 appeal together with Ext.P3 staypetition before the 2[nd] respondent. It is submitted by counsel for thepetitioner that the issue involved in the appeal is regarding theentitlement of the benefit of Section 80P of the Income Tax Act. It isstated that the said issue is pending consideration before the DivisionBench of this Court in Income Tax Appeals preferred by variousassessees, and that the Division Bench has granted a stay of recoveryof amounts pending disposal of the Income Tax Appeals. Taking noteof the said contention of counsel for the petitioner, I dispose the writpetition with the following directions: 1. The 2[nd] respondent shall consider and pass orderson Ext.P2 appeal within a period of three months fromthe date of receipt of a copy of this judgment, afterhearing the petitioner. 2. Recovery steps for recovery of amounts confirmedagainst petitioner pursuant to Ext.P1 assessment order prp/4/1/16 shall be kept in abeyance till orders are passed by the2[nd] respondent as directed above and communicated tothe petitioner. 3. The petitioner shall produce a copy of the writpetition along with a copy of this judgment before the2[nd] respondent, for further action. A.K.JAYASANKARAN NAMBIAR JUDGE