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

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 30TH DAY OF APRIL 2021/10TH VAISAKHA, 1943W.P.(C)No.10665 OF 2021(G) PETITIONER: THE NAGALASSERY SERVICE CO-OPERATIVE BANK LTD., KOOTTANAD POST, KOOTTANAD, PATTAMBI, PALAKKAD-679 533, REPRESENTED BY ITS SECRETARY, KRISHNAKUMAR N, AGED 38, S/O.NARAYANAN NAIR. BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENON RESPONDENTS: 1THE ADDITIONAL/JOINT/DEPUTY/ASST.COMMISSIONER OF INCOME TAX/INCOME-TAX OFFICER,NATIONAL e-ASSESSMENT CENTRE, DELHI-110 001. 2NATIONAL FACELESS APPEAL CENTRE, DELHI-110 001, REPRESENTED BY THE PRINCIPAL CHIEF COMMISSIONER. OTHER PRESENT: GOVERNMENT PLEADER, SRI.MANURAJ K.J. THIS WRIT PETITION (CIVIL) HAVING COME UP FORADMISSION ON 30.04.2021, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: JUDGMENT The petitioner is a Co-operative societycarrying on business of providing credit facilityto its members. It claimed benefit under Section80P(2)(a)(i) of the Income Tax Act, 1961. However,the assessing officer disallowed the claim byExt.P1 order. Challenging Ext.P1 order, an appealhas been preferred as Ext.P3 before the 2[nd]respondent. Along with the said appeal, a staypetition has been filed. Apprehending coerciveaction to recover the amounts imposed underExt.P1, the petitioner has preferred this writpetition, seeking a direction to dispose of theappeal as well as the stay petition and sought fora stay of recovery of all steps pursuant toExt.P1. Having considered the contentions raised andin view of the stay petition pending considerationin the statutory appeal, I direct the 2[nd] respondent to consider and pass appropriate orders on the stay petition filed along with Ext.P3 appeal within a period of four months from the date of receipt of a copy of the judgment. The orders shall be passed after hearing the petitioner and the petitioner shallco-operate with the 2[nd] respondent in considering the stay petition. Till the disposal of the staypetition, all coercive action for realising the amount due under Ext.P1 shall be kept in abeyance. A copy of the judgment shall be furnished to the 2[nd] respondent by the petitioner without any unnecessary delay. The writ petition is allowed as above. ss Sd/- BECHU KURIAN THOMAS JUDGE APPENDIX PETITIONER'S/S EXHIBITS: