Wp v. The Deputy Commissioner Of Income Tax

IN THE HIGH COURT OF JUDICATURE AT MADRASDated: 25.03.2019 Coram The Honourable DR.JUSTICE ANITA SUMANTH WP. No.6730 of 2019& W.M.P.No.7544 of 2019 M/s.The Cuddalore District CentralCo-Operative Bank Ltd,Represented by its General ManagerMr.S.Janagiraman,No., Beach Road,Cuddalore-607001 ... Petitioner /Vs/ 1. The Deputy Commissioner of Income Tax, Cuddalore Circle, Soorapaa Naicken Chavadi, Cuddalore-607 002 2. The Commissioner of Income Tax (Appeals), Pondichery D.P.Thottam, Muthialpet, Puduchery-605 003...Respondents P R A Y E R: WRIT PETITION under Article 226 of the Constitutionin the nature of Mandamus directing the respondents to refundthe disputed taxes for the Asst.Year 2016-17 in full or atleastto the extent of 80% and dispose the appeal filed on 11.01.2019vide Ack No.407695771110119, which is pending before the 2[nd]respondent and fix a time frame. For Respondents : Mr.A.P.Srinivas Heard Mr.K.Ravi, learned counsel appearing for thepetitioner and Mr.A.P.Srinivas, learned Senior Standing Counselfor the respondent. 2. The petitioner is a Co-operative society, carrying on thebusiness of banking. Pursuant to a return of income filed in https://hcservices.ecourts.gov.in/hcservices/ terms of the provisions of the Income Tax Act, 1961 (in shortthe 'Act') in respect of assessment year 2016-17, an order ofassessment, after due scrutiny, was passed by the 1[st] respondenton 17.12.2018 determining the total income at a sum ofRs.12,55,49,233/- as against a loss of a sum of Rs.1,26,30,262/- returned by the petitioner. 3. An appeal has been filed challenging the aforesaidassessment before the Commissioner of Income Tax (Appeals) (inshort 'CIT (A)') arrayed as the 2[nd] respondent in the writpetition. While this is so, it appears that notices underSection 226(3) attaching all bank accounts of the petitionerhave been issued on 21.02.2019 by the 1[st] respondent. Anapplication for stay dated 24.01.2019 has been filed before theAssessing Officer and a copy of the same has also been filedbefore the CIT(A) seeking a direction to be issued to theAssessing Officer to refund the amount recovered by him. 4. It is seen that the main issue raised in appeal relatesto a deduction claimed under Section 36(1)(vii)(a) of the Act.The Appellate Authority has, vide order dated 19.03.2018, passedin respect of assessment year 2014-15 allowed the appealdeciding the ground relating to Section 36(1)(vii)(a) in favourof the present petitioner. A copy of order dated 19.03.2018 iscirculated by the petitioner. 5. In the light of the aforesaid, it would suffice in theinterests of justice, to direct the CIT(A) to dispose the appealfiled by the petitioner within a period of twelve(12) weeks fromtoday after hearing the petitioner. The writ petition isdisposed of in the above terms. Consequently, connectedmiscellaneous petition is closed. No costs. Sd/- Assistant Registrar //True Copy// To: 1. The Deputy Commissioner of Income Tax, Cuddalore Circle, Soorapaa Naicken Chavadi, Cuddalore-607 002 Cuddalore Circle, Soorapaa Naicken Chavadi, Cuddalore-607 002 2. The Commissioner of Income Tax (Appeals), Pondichery D.P.Thottam, Muthialpet, Puduchery-605 003 D.P.Thottam, Muthialpet, Puduchery-605 003 +1cc to Mr.A.P.Srinivas, Advocate sr.no.28218 WP. No.6730 of 2019& W.M.P.No.7544 of 2019 nr 25/03/2019