By Advs.sri.harisankar v. Menonsmt.meera V.menonsmt.k.krishna

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 01ST DAY OF OCTOBER 2020 / 9TH ASWINA, 1942WP(C).No.20524 OF 2020(M) PETITIONER/S: THE MANNARKKAD TALUK GOVERNMENT EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LIMITED P 630MANNARKKAD P.O, PALAKKAD -678 582REPRESENTED BY ITS SECRETARY, UMA N.V BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENONSMT.K.KRISHNA RESPONDENT/S: 1THE INCOME TAX OFFICERWARD 4, AYAKAR BHAVAN, PALAKKAD-678 014 2THE COMMISSIONER OF INCOME TAX (APPEALS)THRISSUR-680 021.THRISSUR-680 021. 3THE INCOME TAX APPELLATE TRIBUNAL,AYAKAR BHAVAN, KAKKANADU, KOCHI-682 030, REPRESENTED BY ITS REGISTRAR. OTHER PRESENT: SC: JOSE JOSEPH FOR RESPONDENTS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON01.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 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, thepetitioner preferred Ext.P3 appeal along with Ext.P4 stay petition beforethe 3[rd] respondent. It is the contention of the learned counsel for thepetitioner that the issue involved in the appeal is the permissibility ofdeduction under Section 80P of the Income Tax Act in its application to Co-Operative Societies. It is pointed out that in similar matters this Court hasdirected the appellate authority to consider and pass orders in the appealand stayed the recovery proceedings, in the meanwhile. 2. I have heard the learned counsel appearing for the petitioner asalso the learned 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 thisCourt has granted stay of recovery proceedings, pending disposal of theappeal by the appellate authority, I dispose the writ petition by directing the3[rd] respondent to consider and pass orders on Ext.P3 appeal preferred bythe petitioner within an outer time limit of six months from the date ofreceipt of a copy of this judgment, after hearing the petitioner. I also makeit clear that till such time as orders are passed by the 3[rd] respondent in theappeal as directed above and the orders communicated to the petitioner,recovery steps for recovery of amounts confirmed against the petitioner by WP(C).No.20524 OF 2020(M) Exts.P1 and P2 orders shall be kept in abeyance. The petitioner shallproduce a copy of this judgment together with a copy of the writ petitionbefore the 3[rd] respondent for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE DG APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2016-17. EXHIBIT P2 COPY OF APPELLATE ORDER ISSUED BY THE 2ND RESPONDENT FOR THE YEAR 2016-17. EXHIBIT P3 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT BEFORE THE 3RD RESPONDENT 2016-17. EXHIBIT P4 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.