Wp/23233/2019 Of Ganapathi Co Operative Agricultural Society Ltd v. Commissioner Of Income Tax (Appeals)

IN THR HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THR 11 DAY OF JULY, 2019 BEFORE: THR HON’BLE MRS. JUSTICK S.SUJATHA WRIT PETITION No.23233/2019 (T IT) BETWEEN: GANAPATHI CO-OPERATIVEAGRICULTURAL SOCIETY LTD.,SAHAKARI SADANA,|MAIN ROAD, KEMMANNU,UDUPI-5/7611)REP BY ITS C.B.O. Mr. MAHBSH SALIAN ... PETITIONBR |BY SRI MAHESH R. UPPIN, ADV.| AND: 1.COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAVAN,AAYAKAR BHAVAN, C.R. BUILDING, N.G.ROAD, ATTAVARA, MANGALURU-o7/5001 oD INCOME TAX OFFICEHKWARD -2, AAYAKAR BHAVAN,WARD -2, AAYAKAR BHAVAN, ADI-UDUPI MALPE ROAD, UDUPI-5/6103 ~ RESPONDENTS [BY SRI E.I.SANMATHI, ADV.| THIS WRIT PETITION [IS FILED UNDER ARTICLES 226 &22/ OF THE CONSITIUTION OF INDIA, PRAYING TO QUASH THENOTICEDATED20.03.2019ANT)929 05.2019BBARINGNO.PAN:AACAGOVJ36F [SSUBD BY THR RO MARKBD AS)ANNBXURE-D AND ANNBXUREB-J RESPECTIVELY. THIS PETITION COMING ON FOR PRELIMINARY HEARING|IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:- -9.- ORDER The petitioner has challenged the notices dated20.03.2019 and 22.05.2019 issued by respondent No.2marked at Annexures — D and J respectively,inter alia2seeking a direction to the Income Tax AppellateTribunal, Bengaluru, to refund the tax recovery made asper Annexure —- E dated 22.03.2019, Annexure -—-dated 28.05.2019 and Annexure - L dated 28.05.2019,totally amounting to Rs.21,73,219/- to the petitioneralong with interest and further direction to respondentNo.2 to dispose of the appeal filed by the petitioner inITA No.765/Bang/2019 within a time frame. — 2 |The petitioner is a Primary AgriculturalCreditCo-operativepocietyregisteredundertheKarnataka Co-operative Societies Act, 1959. Thepetitioner has claimed deduction under Section 8OP ofthe Income Tax Act, 1961 (‘Act’ for short) relating to theAssessment Year 2016-17. The Assessing Officer -3- concluded the assessment disallowing the benefit ofdeduction under Section 8OP of the Act against whichpetitioner had preferred an appeal before respondentNo.1 under Section 246A of the Act along with anapplication seeking for stay of the demand. In themeantime, the recovery proceedings were initiated bythe respondent — Authority. As such, the petitionerapproached this Court in W.P.No.12222/2019, whereinan interim order was granted not to precipitate thematter and finally the said writ petition has beendisposed of, with a direction to the authorities not toprecipitate the recovery of tax during the pendency ofthe appeal before respondent No.1. The appeal filedbefore respondent No.1 came to be disposed of on15.03.2019, against which the petitioner has filedsecond appealbeforethe IncomeTaxAppellate.Tribunal, Bengaluru (ITAT), the same is pendingconsideration. During the pendency of the proceedingsbefore the CIT(A), respondent No.2 has issued a letter of attachment to the petitioner’s bankers and the entiredemand has been recovered through the bankers of thepetitioner. Being aggrieved by the same, the petitioneris before this Court. 3.|Having heard the learned counsel appearingfor the parties and perusing the material on record,more particularly, in view of the tax demanded beingrecovered by the respondent — Authorities, this Court isof the considered opinion that interest of justice wouldbe sub-served in directing ITAT to dispose of the appealin accordance with law in an expedite manner. 4Hence, the following ORDER The Income Tax Appellate Tribunal, Bengaluru.shall dispose of ITA No.765/Bang/2019 filed by thepetitioner after hearing the parties in accordance withlaw in an expedite manner, preferably within a period of ��!���� 14;03�H11A8�E$5@�301�<731�5E�$191423�5E�91$34E41<�952?�5E� 301�5$<1$��� *430�301�7E5$1874<�5>81$D734568�76<�<4$1934568�� 301�H$43�21343456�8376<8�<482581<�5E��� ���� �����������