Wp(C)/10774/2024 Of The Ottoor Service Co-Operative Bank Ltd v. Assessment Unit, Income Tax Department National Faceless Assessment Centre

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 15 DAY OF MARCH 2024 / 25TH PHALGUNA, 1945 WP(C) NO. 10774 OF 2024 PETITIONER/S: THE OTTOOR SERVICE CO-OPERATIVE BANK LTD. NO.976REPRESENTED BY ITS SECRETARY, CHENNANKODE, VADASSERIKONAM P.O, VARKALA, THIRUVANANTHAPURAM DISTRICT., PIN - 695143 BY ADVS. ARJUN RAGHAVANT.R.HARIKUMARPOOJA PANKAJ RESPONDENT/S: 1ASSESSMENT UNIT, INCOME TAX DEPARTMENT NATIONAL FACELESS ASSESSMENT CENTRE, DELHI, FACELESS ASSESSMENT CENTRE, DELHI, ROOM NO 401, 2ND FLOOR, E-RAMP, JAWAHARLAL NEHRU STADIUM, DELHI., PIN - 110003 2THE INCOME TAX OFFICER, WARD-2 (1) OFFICE OF THE INCOME TAX OFFICER, AAYAKAR BHAVAN, KOWDIAR P.O, THIRUVANANTHAPURAM DISTRICT., PIN - 695003 3THE COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM., PIN - 695003AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM., PIN - 695003 4THE COMMISSIONER OF INCOME TAX (APPEALS)NATIONAL FACELESS APPEAL CENTRE, NORTH BLOCK, DELHI., PIN - 110001NATIONAL FACELESS APPEAL CENTRE, NORTH BLOCK, DELHI., PIN - 110001 BY ADV ADV. P.G. JAYASHANKAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON15.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 10774 OF 2024 2 JUDGMENT Petitioner is a Primary Agricultural Credit Societyregistered under the Kerala Co-operative Societies Act, 1969.Ext.P1 order of penalty for the assessment year 2020-21 alongwith demand notice was issued against the petitioner for theassessment year 2020-21. In the assessment order, for thesame year, petitioner's claim for deduction under Section 80Pwas rejected on the ground that there was no evidence to showthat petitioner satisfied the ingredients of the PrimaryAgricultural Credit Society as contemplated under the KeralaCo-operative Societies Act. 2. Since the petitioner has already preferred Ext.P3appeal along with an application to condone the delay in filingthe appeal and the same is pending consideration before the 4[th]respondent, I deem it fit that this writ petition be disposed ofdirecting the Appellate Authority to consider the application forcondonation of delay and Ext.P5 application for stay in a timebound manner. 3. Accordingly, there will be a direction to the 4[th]respondent to consider and pass appropriate orders on Ext.P5,as expeditiously as possible. WP(C) NO. 10774 OF 2024 3 4. Till the disposal of Ext.P5, no coercive steps shall beinitiated against the petitioner for recovery of any amountsunder Ext.P1 order imposing penalty. It is made clear that the4[th] respondent needs to pass orders on the merits of Ext.P5stay petition only if he decides to condone the delay in filingthe appeal. The writ petition is disposed of as above. ajt Sd/-GOPINATH P.JUDGE APPENDIX OF WP(C) 10774/2024 PETITIONER EXHIBITS Exhibit-P1 Exhibit-P2 Exhibit-P3 Exhibit-P4 Exhibit-P5 Exhibit-P6 Exhibit-P7 A TRUE COPY OF THE PENALTY ORDER ALONG WITHDEMAND NOTICE DATED 17-03-2023 ISSUED BY THE1ST RESPONDENT FOR THE ASSESSMENT YEAR 2020-2021 A TRUE COPY OF THE COMPUTATION SHEET APPENDEDIN EXT-P1 A TRUE COPY OF THE ONLINE APPEAL DATED 10-11-2023 FILED BEFORE THE 4TH RESPONDENT, AGAINSTEXT-P1 ASSESSMENT ORDER A TRUE COPY OF THE NOTICE DATED 03-11-2023ISSUED BY THE 2ND RESPONDENT A TRUE COPY OF STAY PETITION DATED 11-11-2023PREFERRED BY THE PETITIONER IN EXT-P2 APPEALA TRUE COPY OF THE JUDGMENT DATED 08-07-2019IN WP(C) NO.18484 OF 2019 A TRUE COPY OF THE JUDGMENT DATED 24-02-2020IN WP(C) NO.5205 OF 2020