Sri. Arikkat Vijayan Menon Sri. Harisankar v. Menonsmt. Meera. V. Menonsmt. Krishna.k

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE GOPINATH.P. TUESDAY, THE 12 DAY OF MAY,2020/22ND VAISAKHA, 1942 W.P(C) NO. 9828 OF 2020 PETITIONER : THE THADUKKASSERY SERVICE CO-OPERATIVE BANK LTD. NO. F 534, KERALASSERY P.O, KONGAD, PALAKKAD – 678 641, REPRESENTED BY ITSSECRETARY, VIJAYAKUMARI M.P.,AGED 51, D/O. NARAYANAN NAIR. BY ADVS. SRI. ARIKKAT VIJAYAN MENON SRI. HARISANKAR. V. MENONSMT. MEERA. V. MENONSMT. KRISHNA.K. RESPONDENTS:: 1. THE INCOME TAX OFFICER, WARD 2, AYAKAR BHAVAN,PALAKKAD – 678 014.WARD 2, AYAKAR BHAVAN,PALAKKAD – 678 014. 2. THE COMMISSIONER OF INCOME TAX (APPEALS),THRISSUR – 680 021.THRISSUR – 680 021. 3. THE INCOME TAX APPELLATE TRIBUNAL,AYAKAR BHAVAN, KAKKANADU, KOCHI – 682 030, REPRESENTED BY ITS REGISTRAR. BY SRI.CHRISTOPHER ABRAHAM - SC THIS WRIT PETITION HAVING COME UP FOR ADMISSION ON 12.05.2020,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO. 9828 OF 2020 2 Dated this the 12[th] day of May, 2020 JUDGMENT This writ petition has been filed praying inter-alia for a direction to the 3rd respondent Tribunalto consider and pass orders on an application forstay. 2.The petitioner claimed the benefit of Section80P of the Income Tax Act. This claim was rejected bythe Assessing Officer as well as by the Commissioner(Appeals). 3.The petitioner places reliance on the judgment of a Division Bench of this Court, which isproduced as Ext.P5 along with W.P.(C). No.9768/2020.The Division Bench has in similar circumstances,directed the Appellate Tribunal to consider and passorders on the stay petition within a period of fourmonths from the date of receipt of a copy of thejudgment and further directed that any proceedingsinitiated for recovery of amounts due from thepetitioner shall be kept in abeyance till orders are passed on the stay petition and communicated to thepetitioner. 4.In the light of the above, this writ petitionis disposed of directing the 3rd respondent, theIncome Tax Appellate Tribunal, Kochi Bench, toconsider and pass orders on the stay petition markedas Ext.P4 in this writ petition, within a period offour months from the date of receipt of a copy of this judgment. Till orders are so passed and communicated to the petitioner, steps (if any)initiated by the Income Tax Department for recoveryof amounts due under the assessment order, shall bekept in abeyance. With these directions, this writ petition is disposed of. Sd/- GOPINATH.P, JUDGE W.P(C) NO. 9828 OF 2020 APPENDIX PETITIONER’S EXHIBITS: EXT. P1. COPY OF ASSESSMENT ORDER ISSUED BY THE 1 RESPONDENTFOR THE YEAR 2017-18 DATED 24-12-2019. EXT. P2. COPY OF APPELLATE ORDER ISSUED BY THE 2 RESPONDENT FOR THE YEAR 2017-18 DATED 03-03-2020. EXT. P3.COPY OF THE APPEAL FILED BEFORE THE 2 RESPONDENT DATED 18-03-2020. EXT. P4.COPY OF PETITION FOR STAY FILED BEFORE THE 2 RESPONDENT DATED 18-03-2020.