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

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941WP(C).No.5498 OF 2020(J) PETITIONER/S: THE ALANALLUR SERVICE CO-OPERATIVE BANK LTD. NO.F 1178ALANALLUR, MANNARKKAD, PALAKKAD-678 601, REPRESENTED BY ITS SECRETARY, SREENIVASAN P., AGED 47, S/O. SANKARAN. BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENON RESPONDENT/S: 1THE INCOME TAX OFFICERWARD 4, AYAKAR BHAVAN, PALAKKAD-678 014. 2THE COMMISSIONER OF INCOME TAX (APPEALS)SAKTHAN NAGAR, THRISSUR-680 021. OTHER PRESENT: SC SRI.JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FORADMISSION ON 13.03.2020, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: V.G.ARUN, J. ----------------------------------------------- W.P(C).No. 5498 of 2020 ----------------------------------------------- Dated this the 13[th] day of March, 2020 JUDGMENT The petitioner, a Primary Agricultural Credit Society, had filedappeal against Exhibit P1 assessment order for the year 2014-2015. ByExhibit P2 order, the Commissioner of Income Tax (Appeals) dismissedthe appeal, rejecting the petitioner's claim for deduction under Section80P of the Income Tax Act. Aggrieved, the petitioner has preferredExhibit P3 appeal before the Income Tax Appellate Authority. Alongwith the appeal, the petitioner has preferred Exhibit P4 stay petitionalso. The prayer in this writ petition is for expeditious consideration ofeither the appeal or the stay petition and to defer the recovery stepspursuant to Exhibit P1 assessment order, till a decision is rendered oneither the appeal or the stay petition. 2. Heard the learned Standing for the Income Tax Departmentalso. 3. Considering the limited relief sought, the writ petition isdisposed of directing the 3[rd] respondent Tribunal to consider Exhibit P3appeal as expeditiously as possible. Till final orders are passed in the appeal, recovery proceedings based on Exhibit P1 assessment ordershall be kept in abeyance. Sd/- V.G.ARUN, JUDGE vgs APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE IST RESPONDENT FOR THE YEAR 2014-15 ATED 19.12.2016. EXHIBIT P2COPY OF APPELLATE ORDER ISSUED BY THE IST RESPONDENT FOR THE YEAR 2014-15 DATED 10.12.2019. EXHIBIT P3COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT 2014-15 DATED 3.2.2020. EXHIBIT P4COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 3.2.2020.