Wp(C)/17685/2020 Of The Kolazhy Servie Co-Operative Bank Ltd v. The Commissioner Of Income Tax (Appeals)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 25TH DAY OF AUGUST 2020 / 3RD BHADRA, 1942 WP(C).No.17685 OF 2020(I) PETITIONER: THE KOLAZHY SERVIE CO-OPERATIVE BANK LTD. NO.564KOLAZHY, THRISSUR - 680010, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: WARD 2 (2), THRISSUR, OFFICE OF THE INCOME TAX OFFICER, AAYAKAR, BHAVAN, SHAKTHANTHAMPURAN NAGAR, THRISSUR - 680001. BY ADV.SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2020,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Against Exts.P1, P5, P9 and P13 assessment orders under theIncome Tax Act, the petitioner has preferred Exts.P3, P7, P11 and P15appeals together with Exts.P4, P8, P12 and P16 stay petitions before the1[st] respondent. Exts.P2, P6, P10 and P14 are the demand notices. It issubmitted by counsel for the petitioner that the issue involved in theappeals is the permissibility of deduction under Section 80P of theIncome Tax Act in its applicability to Co-operative Societies. It is pointedout that in similar matters this Court has directed the appellate authorityto consider and pass orders in the appeal and stayed the recoveryproceedings, in the meanwhile. 2. I have heard the learned counsel appearing for the petitionerand also the learned Standing counsel appearing for the Income TaxDepartment. Taking note of similar orders issued by this Court, I dispose theWrit petition by directing the 1st respondent to consider and pass orderson Exts.P3, P7, P11 and P15 appeals within an outer time limit of sixmonths from the date of receipt of a copy of this judgment, after hearingthe petitioner. Recovery steps for recovery of amounts confirmed againstthe petitioner by the assessment orders, as also further proceedings WP(C).No.17685 OF 2020(I) pursuant to Exts.P2, P6, P10 and P14 demand notices, shall be kept inabeyance till such time as orders are passed by the 1[st] respondent asdirected, and the order communicated to the petitioner. The petitionershall produce a copy of the writ petition together with a copy of thisjudgment, before the 1[st] respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE mns WP(C).No.17685 OF 2020(I) APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1TRUE COPY OF THE ASSESSMENT ORDER DATED 27.11.2018 ALONG WITH THE COMPUTATION SHEET.ALONG WITH THE COMPUTATION SHEET. EXHIBIT P2TRUE COPY OF THE DEMAND NOTICE DATED 27/11/2018. EXHIBIT P3TRUE COPY OF THE APPEAL DATED 13.12.2018. EXHIBIT P4TRUE COPY OF THE STAY PETITION DATED 31.01.2019. EXHIBIT P5TRUE COPY OF THE ASSESSMENT ORDER DATED 30.11.2018 ALONG WITH COMPUTATION SHEET.ALONG WITH COMPUTATION SHEET. EXHIBIT P6 TRUE COPY OF THE DEMAND NOTICE DATED 30.11.2018. EXHIBIT P7TRUE COPY OF THE APPEAL DATED 13.12.2018. EXHIBIT P8 TRUE COPY OF THE STAY PETITION DATED 31.1.2019 EXHIBIT P9TRUE COPY OF THE ASSESSMENT ORDER DATED 5.12.2019 ALONGWITH COMPUTATION SHEET.WITH COMPUTATION SHEET. EXHIBIT P10 TRUE COPY OF THE DEMAND NOTICE DATED 5.12.2019. EXHIBIT P11 TRUE COPY OF THE APPEAL DATED 18.12.2019 EXHIBIT P12 TRUE COPY OF THE STAY PETITION DATED 18.12.2019. EXHIBIT P13 TRUE COPY OF THE ASSESSMENT ORDER DATED 5.12.2019 ALONGWITH COMPUTATION SHEET.WITH COMPUTATION SHEET. EXHIBIT P14TRUE COPY OF THE DEMAND NOTICE DATED 5.12.2019. EXHIBIT P15 TRUE COPY OF THE APPEAL DATED 18.12.2019. EXHIBIT P16 TRUE COPY OF THE STAY PETITION DATED 18.12.2019. EXHIBIT P17TRUE COPY OF THE JUDGMENT DATED 1.7.2019 IN WA NO.1536 OF 2019.OF 2019. RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE