Wp(C)/18608/2020 Of The Kollad Service Co-Operative Bank Ltd v. The Commissioner Of Income Tax(Appeals)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 11TH DAY OF SEPTEMBER 2020 / 20TH BHADRA, 1942 WP(C).No.18608 OF 2020(A) PETITIONER: THE KOLLAD SERVICE CO-OPERATIVE BANKLTD.NO.1830,KOLLAD P.O.,KOTTAYAM DISTRICT,REPRESENTED BY SECRETARY BY ADV. SRI.O.D.SIVADAS RESPONDENTS: 1THE COMMISSIONER OF INCOME TAX(APPEALS),AYAKAR BHAVAN,KOTTAYAM PIN 686 001. 2THE INCOME TAX OFFICER,WARD NO.2,KOTTAYAM PIN 686 001. BY SRI JOSE JOSEPH, SC FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON11.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 11[th] day of September, 2020 The petitioner is a Co-operative bank. The petitioner furnished income tax returns for the assessment year 1919- 2020 and claimed the benefit under Section 80P(4) of theIncome Tax Act. The Assessing Authority completed theassessment and demanded a tax of `66,38,680/- bydisallowing claim for deduction under Section 80P(2) of theIncome Tax Act. 2.The petitioner has filed Ext.P2 appeal before theCommissioner of Income Tax Appeals, Kottayam. Pendingthe appeal, coercive steps are being taken against thepetitioner, contends the learned counsel for the petitioner.3.Heard. 4.The statutory appeal filed by the petitioner ispending. Before considering the same on merits if coercivesteps are taken against the petitioner, the petitioner will be put to untold difficulties. In the circumstances, the writ petition is disposed ofdirecting the first respondent to consider Ext.P2 appeal filedby the petitioner on merits and pass appropriate ordersthereon. Till Ext.P2 is considered and disposed of, therespondents are restrained from taking coercive actionagainst the petitioner. The appeal shall be considered anddisposed of within a period of six months. ncd Sd/- N. NAGARESH JUDGE APPENDIX EXHIBIT P1TRUE COPY OF THE PROCEEDING 13.07.2020N ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P2TRUE COPY OF THE APPEAL DATED 22.08.2020FILED BY THE PETITIONER SOCIETY BEFORE THE 1ST RESPONDENT.