By Advs.sri.harisankar v. Menonsmt.meera V.menon

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 30TH DAY OF OCTOBER 2019 / 8TH KARTHIKA, 1941WP(C).No.28951 OF 2019(T) PETITIONER: THE CHITTUR SERVICE CO-OPERATIVE BANK LTD. NO. 18CHITTUR, PALAKKAD-678101, REPRESENTED BY ITS SECRETARY,NATARAJAN C., AGED 56, S/O.CHAMY K BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENON RESPONDENTS: 1THE INCOME TAX OFFICER,WARD 5, AYAKAR BHAVAN, PALAKKAD-678014 2THE COMMISSIONER OF INCOME TAX(APPEALS)3RD FLOOR, AAYKAR BHAVAN, THRISSUR-680021 BY BADV.SRI. JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON30.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Against Ext.P1 assessment order under the Income Tax Act, thepetitioner has preferred Ext.P2 appeal before the 2[nd] respondent. Alongwith the appeal the petitioner had also preferred stay petition, whichcame to be disposed by Ext.P4 conditional stay order passed by the 2[nd]respondent. It is the case of the petitioner that in identical casesinvolving the deduction under Section 80P of the Income Tax Act aDivision Bench of this Court has in the judgment dated 19.07.2019 inW.A.No.1649 of 2019 and connected cases (Ext.P5) directed the 1[st]appellate authority to consider and pass orders in the appeal withoutinsisting on any pre-deposit as a condition for stay of recovery of thebalance amounts confirmed against the assessee. 2. I have heard the learned counsel appearing for the petitioneras also the learned Standing counsel appearing for the Income TaxDepartment. 3. On a consideration of the facts and circumstances of the caseas also the submissions made across the bar and taking note of theDivision Bench judgment referred above, I dispose the Writ Petition byquashing Ext.P4 conditional stay order and directing the 2[nd] respondentto consider and pass orders on Ext.P2 appeal within an outer time limit WP(C).No.28951 OF 2019(T) of six months from the date of receipt of a copy of this judgment, afterhearing the petitioner. Recovery steps for recovery of amounts confirmedagainst the petitioner by the assessment order shall be kept in abeyancetill such time as orders are passed by the 2[nd] respondent as directed andcommunicated to the petitioner. Sd/- mns A.K.JAYASANKARAN NAMBIAR JUDGE APPENDIX PETITIONER'S/S EXHIBITS: RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE