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 FRIDAY, THE 06TH DAY OF DECEMBER 2019 / 15TH AGRAHAYANA, 1941 WP(C).No.33182 OF 2019(W) PETITIONER/S: THE NAGARIPURAM SERVICE CO-OPERATIVE BANK LTD.NAGARIPURAM, MANNUR, PALAKKAD-678 642, REPRESENTED BYITS SECRETARY, GEETHA K. BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENON RESPONDENT/S: 1THE INCOME TAX OFFICER WARD 2, AYAKAR BHAVAN, PALAKKAD-678 014. 2THE COMMISSIONER OF INCOME TAX (APPEALS)SAKTHAN NAGAR, THRISSUR-680 021. SRI. JOSE JOSEPH; SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON06.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 JUDGMENT Against Ext.P1 assessment order under the Income Tax Act, thepetitioner has preferred Ext.P2 appeal together with Ext.P3 stay petitionbefore the 2[nd] respondent. The 2[nd] respondent by Ext.P4 order passed aconditional order of stay in the stay application directing the petitioner todeposit 20% of the disputed amount as a condition for grant of stay ofrecovery of the balance amount pending disposal of the appeal. It issubmitted by the learned counsel for the petitioner that the issue involved inthe appeal is the deduction allowable under Section 80P of the Income TaxAct, and in similar cases, this Court has directed the Appellate Authority toconsider and pass orders in the appeal without insisting on the deposit of anydisputed amount as a condition for grant of stay of recovery of the assessedamount pending disposal of the appeal. 2. I have heard the learned counsel appearing for the petitioner andalso the learned Standing counsel appearing for the respondents. On a consideration of the facts and circumstances of the case as alsothe submissions made across the Bar and taking note of the fact that insimilar matters, this Court has directed the Appellate Authority to considerand pass orders in the appeal and stayed the recovery of disputed amountspending disposal of the appeal, this Writ petition is disposed by quashingExt.P4 conditional order, and directing the 2[nd] respondent to consider and 3 pass orders on Ext.P2 appeal within an outer time limit of six months fromthe date of receipt of a copy of this judgment, after hearing the petitioner. Itis made clear that recovery steps for recovery of amounts confirmed againstthe petitioner by Ext.P1 assessment order shall be kept in abeyance till suchtime as orders are passed by the 2[nd] respondent as directed above andcommunicated to the petitioner. The petitioner shall produce a copy of thewrit petition together with a copy of this judgment, before the 2[nd]respondent, for further action. SJ Sd/- A.K.JAYASANKARAN NAMBIARJUDGE 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE IST RESPONDENT FOR THE YEAR 2013-14 DATED 21.3.2016. EXHIBIT P2COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2013-14 DATED 11.4.2016.BEFORE THE 2ND RESPONDENT FOR THE YEAR 2013-14 DATED 11.4.2016. EXHIBIT P3COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2013-14 DATED 11.4.2016. EXHIBIT P4COPY OF ORDER ISSUED BY THE 2ND RESPONDENT DATED 7.11.2019.DATED 7.11.2019. EXHIBIT P5COPY OF JUDGMENT IN W.A.NO.1646/2019 OF THIS HON'BLE COURT DATED 19.7.2019.THIS HON'BLE COURT DATED 19.7.2019. EXHIBIT P6COPY OF JUDGMENT IN WPC NOS.21015 & 20995/2019 OF THIS HON'BLE COURT DATED 19.8.2019.20995/2019 OF THIS HON'BLE COURT DATED 19.8.2019. EXHIBIT P6 ACOPY OF JUDGMENT IN WPC NO.22496/2019 OF THIS HON'BLE COURT DATED 19.8.2019.