Wp(C)/17739/2024 Of The Muvattupuzha Agricultural Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMANTUESDAY, THE 21 DAY OF MAY 2024 / 31ST VAISAKHA, 1946WP(C) NO. 17739 OF 2024 PETITIONER: THE MUVATTUPUZHA AGRICULTURAL CO-OPERATIVE BANK LTDNO.H.W. 935,MARKET P.O, VELLOORKUNNAM, MUVATTUPUZHA ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY, PIN – 686 673. BY ADV C.A.JOJO RESPONDENTS: 1THE INCOME TAX OFFICERWARD 1 & TPS, THODUPUZHA, TEMPLE ROAD, THODUPUZHA, IDUKKI,, PIN – 685 584.WARD 1 & TPS, THODUPUZHA, TEMPLE ROAD, THODUPUZHA, IDUKKI,, PIN – 685 584. 2INCOME TAX OFFICER (NFAC)NATIONAL FACELESS ASSESSMENT CENTRE, NORTH BLOCK, NEW DELHI, PIN – 110 001.NATIONAL FACELESS ASSESSMENT CENTRE, NORTH BLOCK, NEW DELHI, PIN – 110 001. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: : 2 : JUDGMENT The petitioner, a Co-operative society has filed this writ petition challenging Exts.P3 order under Section 148A (d) and Ext.P4 notice Section 148, directing to thepetitioner to file Income Tax Returns for the AY 2020-2021. According to the petitioner, the petitioner is eligible for deduction under Section 80P(2)(a)(i) and80P(2)(d) of the Income Tax Act and if the deductionunder Section 80 P of Income Tax Act is denied, thepetitioner will face huge financial liability. 2. Adv.Jose Joseph, the learned Standing Counsel for the Income Tax Department submits that the periodto file Returns will expire only on 29.06.2024, and that,if the petitioner files return of their income before the : 3 : said period, the assessing authority will consider thesame in accordance with law. Considering the submission made by the learned Standing Counsel for the Income Tax Department, thisWrit Petition is disposed of, with direction to thepetitioner to file the return of their income before29.06.2024. If the petitioner files their return of incomewithin the said period, the assessing authority shallconsider the same in accordance with law. Sd/- SRJ MURALI PURUSHOTHAMAN JUDGE APPENDIX OF WP(C) 17739/2024 PETITIONER EXHIBITS Exhibit P1A TRUE COPY OF THE NOTICE U/S 148A(B) ISSUEDBY THE 1ST RESPONDENT DATED 10.03.2024. Exhibit P2A TRUE COPY OF THE REPLY DATED 18.03.2024SUBMITTED TO THE 1ST RESPONDENT. Exhibit P3A TRUE COPY OF THE ORDER U/S 148A(D) DATED29.03.2024 ISSUED BY THE 1ST RESPONDENT. Exhibit P4A TRUE COPY OF THE ORDER U/S 148 DATED30.03.2024 ISSUED BY THE 1ST RESPONDENT.Exhibit P5A TRUE COPY OF THE JUDGMENT IN WP (C )NO.15059 OF 2023 DATED 08.09.2023