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

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 23RD DAY OF MARCH 2020 / 3RD CHAITHRA, 1942 WP(C).No.9162 OF 2020 PETITIONER/S: THE THACHAMPARA SERVICE CO-OPERATIVE BANK LTD.NO.3150,MAIN ROAD, THACHAMPARA, PALAKKAD-678593, REPRESENTED BY ITS SECRETARY, JAYAKUMAR M., AGED 54, S/O.LATE PADMANABHAN NAIR. BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENON RESPONDENT/S: 1THE INCOME TAX OFFICER,WARD 4, AYAKAR BHAVAN, PALAKKAD-678014.WARD 4, AYAKAR BHAVAN, PALAKKAD-678014. 2THE COMMISSIONER OF INCOME TAX (APPEALS),THRISSUR-680021.THRISSUR-680021. 3THE INCOME TAX APPELLATE TRIBUNAL, AYAKAR BHAVAN, KAKKANADU, KOCHI-682030, REPRESENTED BY ITS REGISTRAR. OTHER PRESENT: R1 & R2 BY SRI.JOSE JOSEPH, SC, IT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON23.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. Vinod Chandran, J. --------------------------------- --------------------------------- Dated this the 23[rd] day of March, 2020 JUDGMENT The writ petition is against the recoveryinitiated while an appeal is pending. The issue is alsowith respect to the coverage of the petitioner underSection 80P of the Income Tax Act, 1961, which has to beadjudicated on the basis of the Full Bench decision inMavilayil Service Co-operative Bank Limitedv. Commissionerof Income Tax, Calicut[2019 (2) KHC 287 (FB)]. 2. In the present case, the demand is with respectto assessment year 2012-13. Exhibit P3 second appeal alongwith Exhibit P4 stay petition are pending before theTribunal. In the circumstance of the case, I am of theopinion that there shall be a stay of recovery till theappeal is disposed of. The writ petition is disposed of with the abovedirection, without any observation on the merits of thematter. Vku/- Sd/-K.VINOD CHANDRANJUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2012-13 DATED 25.3.2015. EXHIBIT P2 COPY OF APPELLATE ORDER ISSUED BY THE 2ND RESPONDENT FOR THE YEAR 2012-13 DATED 17.02.2020. EXHIBIT P3 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT 2012-13 DATED 13.03.2020. EXHIBIT P4 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 13.3.2020.