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.9163 OF 2020 PETITIONER/S: THE MANKARA SERVICE CO-OPERATIVE BANK LTD.,NO.P-363, MANKARA, PALAKKAD - 678 613, REPRESENTED BY ITS SECRETARY-IN-CHARGE, K.K.RADHAKRISHNAN, AGED 46, S/O.LATE P.K.KRISHNANKUTTY. BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENON RESPONDENT/S: 1THE INCOME TAX OFFICER, WARD 1 AND TPS, AYAKAR BHAVAN, PALAKKAD - 678 014. 2THE COMMISSIONER OF INCOME TAX (APPEALS)THRISSUR - 680 021. 3THE INCOME TAX APPELLATE TRIBUNAL,AYAKAR BHAVAN, KAKKANADU, KOCHI - 682 030, 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, ALONG WITH WP(C).9178/2020, WP(C).9179/2020, THE COURTON THE SAME DAY DELIVERED THE FOLLOWING: 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.9178 OF 2020 PETITIONER/S: THE MANKARA SERVICE CO-OPERATIVE BANK LTD.NO.P-363, MANKARAI, PALAKKAD - 678 613, REPRESENTED BY ITS SECRETARY IN CHARGE, K. K. RADHAKRISHNAN, AGED 46, S/O. LATE P. K. KRISHNANKUTTY. BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENONSMT.K.KRISHNA RESPONDENT/S: 1THE INCOME TAX OFFICER,WARD 1, AYAKAR BHAVAN, PALAKKAD - 678 014. 2THE COMMISSIONER OF INCOME TAX (APPEALS)THRISSUR - 680 021. 3THE INCOME TAX APPELLATE TRIBUNALAYAKAR BHAVAN, KAKKANADU, KOCHI - 682 030, 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, ALONG WITH WP(C).9163/2020, WP(C).9179/2020, THECOURT ON THE SAME DAY DELIVERED THE FOLLOWING: 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.9179 OF 2020 PETITIONER/S: THE MANKARA SERVICE CO-OPERATIVE BANK LTD.,NO.P-363, MANKARAI, PALAKKAD - 678 613, REPRESENTED BY ITS SECRETARY IN CHARGE, K. K. RADHAKRISHNAN, AGED 46, S/O. LATE P. K. KRISHNANKUTTY. BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENON RESPONDENT/S: 1THE INCOME TAX OFFICERWARD 1, AYAKAR BHAVAN, PALAKKAD - 678 014.2THE COMMISSIONER OF INCOME TAX (APPEALS)THRISSUR - 680 021.3THE INCOME TAX APPELLATE TRIBUNALAYAKAR BHAVAN, KAKKANADU, KOCHI - 682 030, 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, ALONG WITH WP(C).9163/2020, WP(C).9178/2020, THECOURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. Vinod Chandran, J. -------------------------------------W.P(C) No.9163, 9178 and 9179 of 2020-------------------------------------Dated this the 23[rd] day of March, 2020 JUDGMENT These writ petitions are against the recovery initiated while appeals are pending. The issue is also withrespect to the coverage of the petitioner under Section 80P ofthe Income Tax Act, 1961, which has to be adjudicated on thebasis of the Full Bench decision inMavilayil ServiceCo-operative Bank Limitedv.Commissioner of Income Tax, Calicut[2019 (2) KHC 287 (FB)]. 2. In the present case, the demand is with respect toassessment years 2016-17, 2010-11 and 2015-16. Exhibit P3 secondappeal along with Exhibit P4 stay petition in the respectivewrit petitions are pending before the Tribunal. In thecircumstance of the case, I am of the opinion that there shallbe a stay of recovery till the appeals are disposed of.The writ petitions are disposed of with the abovedirection, without any observation on the merits of the matter. Vku/- Sd/-K.VINOD CHANDRANJUDGE 2. In the present case, the demand is with respect toassessment years 2016-17, 2010-11 and 2015-16. Exhibit P3 secondappeal along with Exhibit P4 stay petition in the respectivewrit petitions are pending before the Tribunal. In thecircumstance of the case, I am of the opinion that there shallbe a stay of recovery till the appeals are disposed of.The writ petitions are disposed of with the abovedirection, without any observation on the merits of the matter. Vku/- Sd/-K.VINOD CHANDRANJUDGE APPENDIX OF WP(C) 9163/2020 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2016-17. EXHIBIT P2 COPY OF APPELLATE ORDER ISSUED BY THE 2ND RESPONDENT FOR THE YEAR 2016-17. EXHIBIT P3EXHIBIT P4 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT 2016-17. COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. APPENDIX OF WP(C) 9178/2020 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2010-11. EXHIBIT P2 COPY OF APPELLATE ORDER ISSUED BY THE 2ND RESPONDENT FOR THE YEAR 2010-11. EXHIBIT P3EXHIBIT P4 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT 2010-11. COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. APPENDIX OF WP(C) 9179/2020 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2015-16. EXHIBIT P2 COPY OF APPELLATE ORDER ISSUED BY THE 2ND RESPONDENT FOR THE YEAR 2015-16. EXHIBIT P3EXHIBIT P4 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT 2015-16. COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.