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

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.M.BADAR MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942 WP(C).No.5849 OF 2021(E) PETITIONER: THE PATTAMBI SERVICE CO-OPERATIVE BANK LTD. NO. P 585RAZMALL COMPLEX, PALLIPURAM ROAD, PATTAMBI, PALAKKAD-679 303, REPRESENTED BY ITS SECRETARY, PARAMESWARAN M BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENON RESPONDENTS: 1THE ADDITIONAL/JOINT/DEPUTY/ASST. COMMISSIONER OF INCOME TAX/INCOME TAX OFFICERNATIONAL E-ASSESSMENT CENTRE, DELHI-110 001. 2NATIONAL FACELSS APPEAL CENTRE,COMMISSIONER. DELHI-110 001, REPRESENTED BY THE PRINCIPAL CHIEF OTHER PRESENT: SRI.JOSE JOSEPH, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON08.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.5849/2021 JUDGMENT Dated this the 8[th] day of March 2021Heard both sides. 2. Learned counsel for the petitioner submits that the petitioner is a co-operative society carrying on business ofproviding credit facility to its members. The petitioner hasclaimed the benefit under Section 80P(2)(a)(i) of the Income TaxAct, 1961. But the same came to be disallowed by the order atExt.P1. Hence the petitioner has filed appeal along with staypetition before the 2[nd] respondent. However, during the pendencyof the stay petition, steps are being taken to realise the amount sodetermined. 3. Learned Standing Counsel, who takes notice for theIncome Tax Department, opposed the writ petition by submittingthat the amount determined needs to be recovered without therebeing any stay to the assessment order at Ext.P1. 4. Having considered the submissions so advanced, in thefacts and circumstances of the case, as statutory appeal alongwith stay petition is pending, this writ petition is disposed of withthe following directions: W.P.(C) No.5849/2021 The 2[nd] respondent is directed to decide the stay petition filed with the statutory appeal within a period of four months fromthe date of communication of this judgment. The petitioner toco-operate the 2[nd] respondent in expeditious disposal of the staypetition. Till disposal of the stay petition, all coercive action takenfor realising the amount determined by the assessment order atExt.P1 should be kept in abeyance. The petitioner to furnish copyof the judgment to the 2[nd] respondent for necessary action. Sd/- A.M.BADAR JUDGE smp W.P.(C) No.5849/2021 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2018-19 DATED 9.2.2021RESPONDENT FOR THE YEAR 2018-19 DATED 9.2.2021 EXHIBIT P2COPY OF THE SO NO 3296(E) ISSUED BY THE MINISTRY OF FINANCE, NEW DELHI DATED 25.9.2020MINISTRY OF FINANCE, NEW DELHI DATED 25.9.2020EXHIBIT P2 (a)COPY OF THE SO NO 3297 (E) ISSUED BY THE MINISTRY OF FINANCE, NEW DELHI DATED 25.9.2020MINISTRY OF FINANCE, NEW DELHI DATED 25.9.2020EXHIBIT P3COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 16.2.2021BEFORE THE 2ND RESPONDENT DATED 16.2.2021EXHIBIT P3 (a)COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE ADDITIONAL/JOINT/ASSISTANT COMMISSIONER OF INCOME TAX, COMMISSIONER OF INCOME TAX (APPEALS), NATIONAL FACELESS ASSESSMENT CENTRE, DELHI DATED 16.2.2021PETITIONER BEFORE THE ADDITIONAL/JOINT/ASSISTANT COMMISSIONER OF INCOME TAX, COMMISSIONER OF INCOME TAX (APPEALS), NATIONAL FACELESS ASSESSMENT CENTRE, DELHI DATED 16.2.2021 EXHIBIT P4COPY OF THE ORDER OF THIS HON'BLE COURT IN WPC NO 3078/2021 DATED 8.2.2021WPC NO 3078/2021 DATED 8.2.2021 RESPONDENTS' EXHIBITS: NIL. True Copy P.S to Judge