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 TUESDAY, THE 29TH DAY OF SEPTEMBER 2020 / 7TH ASWINA, 1942 WP(C).No.20163 OF 2020(U) PETITIONER/S: THE SREEKRISHNAPURAM SERVICE CO-OPERATIVE BANK LTD.NO. F1213 SREEKRISHNAPURAM P.O. PALAKKAD 679 513, REPRESENTED BY ITS SECRETARY., ULLAS KUMAR .C BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENON RESPONDENT/S: 1THE ASST. COMMISSIONER OF INCOME TAXCIRCLE 1, INCOME TAX DEPARTMENT, AYAKAR BHAVAN, PALAKKAD 678 014.CIRCLE 1, INCOME TAX DEPARTMENT, 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: SC: JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON29.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 JUDGMENT Against Ext.P1 assessment order under the Income Tax Act, thepetitioner preferred an appeal before the First Appellate Authority but thesame was rejected by Ext.P2 order. Aggrieved by the said order, the petitionerpreferred Ext.P3 appeal along with Ext.P4 stay petition before the 3rdrespondent. It is the contention of the learned counsel for the petitioner thatthe issue involved in the appeal is the permissibility of deduction underSection 80P of the Income Tax Act in its application to Co-Operative Societies.It is pointed out that in similar matters this Court has directed the appellateauthority to consider and pass orders in the appeal and stayed the recoveryproceedings, in the meanwhile. 2. I have heard the learned counsel appearing for the petitioner as also thelearned Standing Counsel appearing for the respondents. On a consideration of the facts and circumstances of the case and thesubmissions made across the Bar and the finding that in similar cases this Courthas granted stay of recovery proceedings, pending disposal of the appeal by theappellate authority, I dispose the writ petition by directing the 3rd respondent toconsider and pass orders on Ext.P3 appeal preferred by the petitioner within anouter time limit of six months from the date of receipt of a copy of this judgment,after hearing the petitioner. I also make it clear that till such time as orders arepassed by the 3rd respondent in the appeal as directed above and the orderscommunicated to the petitioner, recovery steps for recovery of amounts confirmedagainst the petitioner by Exts.P1 and P2 orders shall be kept in abeyance. The 3 petitioner shall produce a copy of this judgment together with a copy of the writpetition before the 3rd respondent for further action. Sd/- A.K.JAYASANKARAN NAMBIARJUDGE SJ 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2017-18 DATED 23.12.2019. EXHIBIT P2COPY OF APPELLATE ORDER ISSUED BY THE 2ND RESPONDENT, FOR THE YEAR 2017-18 DATED 26.08.2020. EXHIBIT P3COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT 2017-18 DATED 19.09.2020. EXHIBIT P4 COPY OF STAY PETITIONER FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 19.09.2020.