J U D G M E N T v. Commissionerof Income Tax And Another; 2021 (1) Khc 303 (Sc

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 20 DAY OF JULY 2022 / 29TH ASHADHA, 1944WP(C) NO. 23423 OF 2022 PETITIONER: PERAMANGALAM SERVICE CO-OPERATIVE BANK LTD NO.3103,KALLOOR P.O. KALLORKAD, MUVATTUPUZHA-686 668,REPRESENTED BY SRI. THANKACHAN JOSEPH,SECRETARY IN-CHARGE. BY ADVS.V.P.NARAYANANALAN PRIYADARSHI DEV RESPONDENTS: 1ADDITIONAL /JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX INCOME TAX OFFICER, NATIONAL E-ASSESSMENT CENTRE, INCOME TAX DEPARTMENT, MINISTRY OF FINANCE, ROOM NO.401, 2ND FLOOR, E-RAMP, JAWAHARLAL STADIUM, DELHI-110 003.2THE COMMISSIONER OF INCOME TAX (APPEALS) NATIONAL FACELESS APPEAL CENTRE, INCOME TAX DEPARTMENT, MINISTRYOF FINANCE, JAWAHARLAL STADIUM, DELHI-110 003.3THE INCOME TAX OFFICER, OFFICE OF THE INCOME TAX OFFICER, NON CORP WARD 1(1), KOCHI CENTRAL REVENUE BUILDING, I.S. PRESS ROAD, KOCHI-682 018. OTHER PRESENT: THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON20.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T The petitioner has preferred Ext.P2 appeal along with Ext.P3 stay petitionbefore the 2[nd] respondent against Ext.P1 assessment order relating to assessmentyear 2017-18. The petitioner claims exemption under Section 80P of the IncomeTax Act. It is submitted that the issue is covered in favour of the petitioner byMavilayi Service Co-operative Bank Ltd. and others v. Commissionerof Income Tax and another; 2021 (1) KHC 303 (SC). 2.Having regard to the above facts and considering the fact that similarmatters have been disposed of by this court directing any coercive steps to be keptin abeyance till a decision is taken on the stay petition, this writ petition is disposedof directing the 2[nd] respondent to consider and pass orders on Ext.P3 stay petition.It is directed that any demand pursuant to Ext.P1 shall be kept in abeyance till adecision is taken on Ext.P3 stay petition. Sd/-GOPINATH P. JUDGE AMG APPENDIX OF WP(C) 23423/2022 PETITIONER EXHIBITS Exhibit1TRUE COPY OF THE ASSESSMENT ORDER DATED 22-03-2022 Exhibit2 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 10-04-2022 Exhibit3 STAY PETITION DATED 31-03-2022 Exhibit4LETTER FROM THIRD RESPONDENT DATED 12-07-2022