Wp(C)/14618/2023 Of Anad Farmers Service Co-Operative Bank Ltd – v. Additional/Joint/Deputy/Assistant Commissioner Of Income Tax /Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 28 DAY OF APRIL 2023 / 8TH VAISAKHA, 1945WP(C) NO. 14618 OF 2023 PETITIONER: ANAD FARMERS SERVICE CO-OPERATIVE BANK LTD - NO. 919,ANAD P.O., NEDUMANGAD, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 695541 BY ADVS.ASWIN.P.JOHNMERCIAMMA MATHEW RESPONDENTS: 1ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX /INCOME TAX OFFICER,INCOME TAX /INCOME TAX OFFICER, NATIONAL FACELESS ASSESSMENT CENTRE, INCOME TAX DEPARTMENT, MINISTRY OF FINANCE, DELHI, PIN - 110001 2THE COMMISSIONER OF INCOME TAX (APPEALS),NATIONAL FACELESS APPEAL CENTRE, INCOME TAX DEPARTMENT,NATIONAL FACELESS APPEAL CENTRE, INCOME TAX DEPARTMENT, MINISTRY OF FINANCE, DELHI, PIN - 110001 3KERALA STATE CO-OPERATIVE BANK (ERSTWHILE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK), THIRUVANANTHAPURAM DISTRICT OFFICE, EAST FORT, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, PIN – 695001(ERSTWHILE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK), THIRUVANANTHAPURAM DISTRICT OFFICE, EAST FORT, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, PIN – 695001 GP- SRI.K.M FAIZALSRI.JOSE JOSEPH (STANDING COUNSEL) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON28.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The petitioner, a primary agricultural credit co-operativesociety, has filed Ext.P4 online appeal before the 2[nd] respondentagainst Ext. P1 assessment order that the petitioner does not qualifyfor deduction under Section 80P of the Income Tax Act. During thependency of the appeal, recovery proceedings are being initiatedagainst the petitioner pursuant to Ext. P1. The petitioner seeks torestrain the 1[st] respondent from proceeding with the recoverypursuant to Ext. P1 till Ext. P4 appeal is disposed of by the 2[nd]respondent. There will be a direction to the 1[st] respondent to provide a linkto the petitioner for uploading stay application in Ext. P4 appealexpeditiously and on being provided with the link, the petitionershall upload the stay application within one week and the 1[st]respondent shall consider the stay petition within one month andpass appropriate orders thereon after hearing the petitioner. Tillthen, all coercive steps pursuant to Ext. P1 shall be kept inabeyance. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN msp JUDGE WP(C) NO. 14618 OF 2023 3 APPENDIX OF WP(C) 14618/2023 PETITIONER EXHIBITS EXHIBIT P1THE TRUE COPY OF THE ASSESSMENT ORDER FOR THEYEAR 2021-2022 DATED 21.12.2022EXHIBIT P2THE TRUE COPY OF THE NOTICE OF DEMAND DATED 21.12.2022 ISSUED UNDER SECTION 156 OF THE INCOME TAX ACTEXHIBIT P3THE TRUE COPY OF THE SHOW CAUSE NOTICE ISSUEDBY THE 1ST RESPONDENTEXHIBIT P4THE TRUE COPY OF THE ONLINE APPEAL DATED 24.01.2023, ALONG WITH GROUNDS OF APPEAL FILED BEFORE THE 2ND RESPONDENT, AGAINST EXHIBIT P1 ASSESSMENT ORDEREXHIBIT P5THE TRUE COPY OF THE JUDGMENT DATED 04.04.2023 IN W.P.(C) NO.12016 OF 2023