Heard Both Sides v. The Commissioner Of Income Tax(Appeals

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.M.BADAR WEDNESDAY, THE 31ST DAY OF MARCH 2021 / 10TH CHAITHRA, 1943 WP(C).No.8628 OF 2021(C) PETITIONER: NEERIKKODE SERVICE CO-OPERATIVE BANK LIMITED NO.1682,NEERIKKODE, (VIA) ALANGAD, ALUVA,ERNAKULAM DISTRICT,REPRESENTED BY ITS SECRETARY. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: THE COMMISSIONER OF INCOME TAX(APPEALS),AYAKAR BHAVAN, OFFICE OF COMMISSIONER, 1KOCHI-682 018. THE INCOME TAX OFFICER, WARD(3), ALUVA,2ERNAKULAM DISTRICT,PIN-683 101. BY SRI.CHRISTOPHER ABRAHAM, STANDING COUNSEL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON31.03.2021, ALONG WITH W.P.(C) NO.8643/2021 THE COURT ON THE SAMEDAY DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE A.M.BADAR WEDNESDAY, THE 31ST DAY OF MARCH 2021 / 10TH CHAITHRA, 1943 WP(C).No.8643 OF 2021(E) PETITIONER: THAVANOOR SERVICE CO-OPERATIVE BANK LIMITED NO.P. 516,THAVANOOR, PONNANNI, MALAPPURAM DISTRICT,REPRESENTED BY ITS SECRETARY. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: R1-3 BY CHRISTOPHER ABRAHAM, STANDING COUNSEL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON31.03.2021, ALONG WITH W.P.(C) NO.8628/2021, THE COURT ON THESAME DAY DELIVERED THE FOLLOWING: JUDGMENT (W.P.(C) No.8628 of 2021, W.P.(C) No.8643 of 2021)Dated this the 31st day of March 2021 Heard both sides. 2.The question for consideration involved inthese writ petitions is whether during pendency ofthis statutory appeal in the wake of denial ofbenefit of Section 80 (P) of the Income Tax Act, therespondents are justified in demanding 20% of theamount assessed under the assessment order. Thesaid question has already been decided by this Courtin series of judgments including judgments dated01-07-2019 in The Angadipuram Service Co-operativeBank Ltd. v. The Commissioner of Income Tax(Appeals). In the light of the ratio of this judgment, the petition is allowed by directing the Commissioner of Income Tax (Appeals)to consider and WP(C).Nos.8628 OF 2021 and 8643 of2021 dispose of the statutory appeal filed by the petitioner at the earliest taking note of the FullBench decision covering the issue involved in this matter and till then the respondents are directed tokeep in abeyance the recovery and collection oftaxes under the assessment order. Sd/- A.M.BADARJUDGE //TRUE COPY// PA TO JUDGE APPENDIX OF WP(C) NO.8628/2021 PETITIONER'S EXHIBITS: EXHIBIT P1COPY OF THE ASSESSMENT ORDER DATED04.03.2016 ISSUED BY THE 2ND RESPONDENT FORTHE ASSESSMENT PERIOD 2013-14.04.03.2016 ISSUED BY THE 2ND RESPONDENT FORTHE ASSESSMENT PERIOD 2013-14.EXHIBIT P2COPY OF THE ASSESSMENT ORDER DATED19.12.2016 ISSUED BY THE 2ND RESPONDENT FORTHE ASSESSMENT PERIOD 2014-15.19.12.2016 ISSUED BY THE 2ND RESPONDENT FORTHE ASSESSMENT PERIOD 2014-15.EXHIBIT P3COPY OF THE APPEAL FILED BY THE PETITIONERBEFORE THE 1ST RESPONDENT FOR THE PERIOD2013-14 DATED 25.05.2016.BEFORE THE 1ST RESPONDENT FOR THE PERIOD2013-14 DATED 25.05.2016.EXHIBIT P4COPY OF THE APPEAL FILED BY THE PETITIONERBEFORE THE 1ST RESPONDENT FOR THE PERIOD2014-15 DATED 07.11.2018.BEFORE THE 1ST RESPONDENT FOR THE PERIOD2014-15 DATED 07.11.2018.EXHIBIT P5COPY OF THE PROCEEDINGS DATED 22.03.2021ISSUED BY THE 2ND RESPONDENT.ISSUED BY THE 2ND RESPONDENT.EXHIBIT P6COPY OF THE JUDGMENT DATED 01.07.2019 IN WANO.1536 OF 2019 RENDERED BY THIS HON'BLECOURT.NO.1536 OF 2019 RENDERED BY THIS HON'BLECOURT.EXHIBIT P7COPY OF THE JUDGMENT DATED 17.03.2020 INWP(C) NO.8193 OF 2020 RENDERED BY THISHON'BLE COURT.WP(C) NO.8193 OF 2020 RENDERED BY THISHON'BLE COURT.EXHIBIT P8TRUE COPY OF THE JUDGMENT DATED 08.05.2020IN WA NO.642 OF 2020 RENDERED BY THISHON'BLE COURTIN WA NO.642 OF 2020 RENDERED BY THISHON'BLE COURT RESPONDENT'S EXHIBITS:NIL SSK //TRUE COPY// PA TO JUDGE RESPONDENT'S EXHIBITS:NIL SSK //TRUE COPY// PA TO JUDGE APPENDIX OF WP(C) NO.8643/2021 PETITIONER'S EXHIBITS: EXHIBIT P1COPY OF THE ASSESSMENT ORDER DATED17.2.2021 ISSUED BY THE 2ND RESPONDENT FORTHE ASSESSMENT PERIOD 2018-19.17.2.2021 ISSUED BY THE 2ND RESPONDENT FORTHE ASSESSMENT PERIOD 2018-19. EXHIBIT P2COPY OF THE NOTICE DATED 17.2.2021 ISSUEDBY THE 2ND RESPONDENT TO THE PETITIONER.BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P3COPY OF THE APPEAL FILED BY THE PETITIONERBEFORE THE IST RESPONDENT FOR THE PERIOD2018-19 DATED 14.3.2021.BEFORE THE IST RESPONDENT FOR THE PERIOD2018-19 DATED 14.3.2021. EXHIBIT P4COPY OF THE STAY PETITION FILED BY THEPETITIONER BEFORE THE IST RESPONDENT FORTHE PERIOD 2018-19.PETITIONER BEFORE THE IST RESPONDENT FORTHE PERIOD 2018-19. EXHIBIT P5TRUE COPY OF THE JUDGMENT DATED 1.7.2019 INWA NO.1536 OF 2019 RENDERED BY THIS HON'BLECOURT.WA NO.1536 OF 2019 RENDERED BY THIS HON'BLECOURT. EXHIBIT P6TRUE COPY OF THE JUDGMENT DATED 17.3.2020IN WPC NO.8193 OF 2020 RENDERED BY THISHON'BLE COURT.IN WPC NO.8193 OF 2020 RENDERED BY THISHON'BLE COURT. EXHIBIT P7TRUE COPY OF THE JUDGMENT DATED 8.5.2020 INWA NO.642 OF 2020 RENDERED BY THIS HON'BLECOURT.WA NO.642 OF 2020 RENDERED BY THIS HON'BLECOURT. RESPONDENT'S EXHIBITS:NIL SSK //TRUE COPY// PA TO JUDGE