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 THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943 WP(C).No.8947 OF 2021(P) PETITIONER/S: THE MANKARA SERVICE CO-OPERATIVE BANK LTD. NO. P.363MANKARA P.O. PALAKKAD 678 613, REPRESENTED BY ITS SECRETARY, BABU.P., BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENON RESPONDENT/S: 1THE ADDITIONAL /JOINT/ DEPUTY / ASST. COMMISSIONER OFINCOME TAX / INCOME -TAX OFFICERNATIONAL E-ASSESSMENT CENTRE, DELHI 110 001. 2NATIONAL FACELESS APPEAL CENTRE,DELHI 110 001, REPRESENTED BY THE PRINCIPAL CHIEF COMMISSIONER. SRI. JOSE JOSEPH, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 8th day of April 2021 Heard both sides. 2.Learned counsel appearing for the petitioner submits thatthe petitioner is an assessee under the Income Tax Act. Thepetitioner had claimed benefit under Section 80P of the Income TaxAct for the assessment year 2018-19. However, the 1[st] respondenthas denied those benefits and the assessment order at Ext.P1 for theyear 2018-19 came to be passed. The petitioner thereforechallenged the said assessment order by filing an appeal at Ext.P3accompanied by the stay petition at Ext.P3(a), which are pendingbefore the 2[nd] respondent. 3.Learned counsel appearing for the petitioner furthersubmits that despite pendency of the appeal (Ext.P3) and statepetition [Ext.P3(a)] before the 2[nd] respondent, the 1[st] respondent isinsisting for recovery of the amount in arrears as per the assessmentorder at Ext.P1. Learned counsel appearing for the petitionertherefore submits that recovery in pursuant to the assessment orderat Ext.P1 be stayed till disposal of the appeal and the 2[nd] respondentbe directed to dispose of the appeal with the stay petition. 4.Learned Standing Counsel appearing for the respondents submits that the 2[nd] respondent can be directed to dispose of thestay petition at Ext.P3(a) in a time bound manner instead of stayingrecovery in pursuant to the assessment order at Ext.P1 till disposalof the appeal. 5.In view of the submissions advanced by both parties andin the light of facts of the instant case, the writ petition is disposedof with the following prayers:- The 2[nd] respondent is directed to consider and decide the staypetition at Ext.P3(a) filed in the statutory appeal (Ext.P3) by thepetitioner, after following the due process of law within a period oftwo months from the date of communication of this judgment. Thepetitioner to cooperate with the 2[nd] respondent in disposal of thestay petition expeditiously. Till disposal of the stay petition atExt.P3(a), proceedings for recovery initiated in pursuant to theExt.P1 assessment order shall be kept in abeyance. The learnedStanding Counsel appearing for the respondents shall inform therespondents about this judgment for necessary compliance. ajt SD/- A.M.BADARJUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2018-19 DTD. 22.03.2021. EXHIBIT P2 COPY OF THE S.O.NO. 3296/(E) ISSUED BY THE MINISTRY OF FINANCE NEW DELHI DTD. 25.09.2020. EXHIBIT P2 (a) COPY OF THE S.O. NO. 3297(E) ISSUED BY THE MINISTRY OF FINANCE, NEW DELHI 25.09.2020. EXHIBIT P3 COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 29.03.2021. EXHIBIT P3 (a) COPY OF STAY PETITION FIELD BY THE PETITIONER BEFORE THE ADDITIONAL/JOINT/ASSISTANT COMMISSIONER OF INCOME TAX, COMMISSIONER OF INCOME TAX (APPEALS), NATIONAL FACELESS ASSESSMENT CENTRE, DELHI DTD. 29.3.2021.