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.M.BADAR MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942 WP(C).No.5838 OF 2021(D) PETITIONER: THE KANJIKODE SERVICE CO-OPERATIVE BANK LTD. NO.F1199, KANJIKODE P.O., KANJIKODE, PALAKKAD-678621,REPRESENTED BY ITS SECRETARY, K.RADHAKRISHNAN. BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENONSMT.K.KRISHNA RESPONDENTS: 1THE ADDITIONAL/JOINT/DEPUTY/ASST. COMMISSIONER OF INCOME TAX/INCOME TAX OFFICERNATIONAL E-ASSESSMENT CENTRE, DELHI-110001. 2NATIONAL FACELESS APPEAL CENTRE,DELHI-110001, REPRESENTED BY THE PRINCIPAL CHIEF COMMISSIONER. 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: JUDGMENT Dated this the 8[th] day of March 2021 Heard both sides. Learned counsel for the petitioner submits that the petitioner is a co-operative society carrying on business of providing creditfacility to its members. The petitioner has claimed the benefitunder Section 80P(2)(a)(i) of the Income Tax Act, 1961. But thesame came to be disallowed by the order at Ext.P1. Hence thepetitioner has filed appeal along with stay petition before the2[nd] respondent. However, during the pendency of the staypetition, steps are being taken to realise the amount sodetermined. 2. Learned Standing Counsel, who takes notice for the Income 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. 3. Having considered the submissions so advanced, in the facts and circumstances of the case, as statutory appeal alongwith stay petition is pending, this writ petition is disposed of withthe following directions: The 2[nd] respondent is directed to decide the stay petitionfiled 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 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P3COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 16.2.2021.BEFORE THE 2ND RESPONDENT DATED 16.2.2021.EXHIBIT 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 16.2.2021.PETITIONER 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 WP(C) NO.3078/2021 DATED 8.2.2021.WP(C) NO.3078/2021 DATED 8.2.2021. RESPONDENTS' EXHIBITS: NIL. True Copy P.S to Judge smp