Wp(C)/19666/2019 Of Ambalapad Service Co-Operative Bank Ltd v. The Income Tax Officer Ward 2(1)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 19TH DAY OF JULY 2019 / 28TH ASHADHA, 1941WP(C).No.19666 of 2019 PETITIONER: AMBALAPAD SERVICE CO-OPERATIVE BANK LTD. NO. 759NO.XI/57, P.O. KUNDUKAD-680 028, THRISSUR, REPRESENTED BY ITS SECRETARY. BY ADVS.SRI.M.SASINDRANSRI.S.SHYAM KUMAR RESPONDENTS: 1THE INCOME TAX OFFICER WARD 2(1)AYAKAR BHAVAN, INCOME TAX OFFICE, SHAKTHANTHAMPURAM NAGAR, THRISSUR-680 001.AYAKAR BHAVAN, INCOME TAX OFFICE, SHAKTHANTHAMPURAM NAGAR, THRISSUR-680 001. 2THE COMMISSIONER OF INCOME TAX (APPEALS)3RD FLOOR, AAYAKAR BHAVAN, THRISSUR-680 001.3RD FLOOR, AAYAKAR BHAVAN, THRISSUR-680 001. SRI.CHRISTOPHER ABRAHAM, SC IT SMT.TUSHARA JAMES, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The writ petition is filed challengingExt.P8 order in an income tax appeal. By theimpugned order, as a precondition to grant staypetition was directed to remit 20% of thedemand. 2. The learned counsel for the petitionersubmitted that the issue in appeal is confinedto a claim under Section 80 P(2)(d) of theIncome Tax Act, 1961 and this Court in similarmatter, granted absolute stay. Ext.P7 is thejudgment of this Court. In the light of factthat in Ext.P7 judgment, this Court granted anabsolute stay in the light of provision underSection 80 P(2)(d) of the Income Tax Act, thecondition in the impugned order is modified toexclude such claim as referable under Section 80P(2)(d) of the Income Tax Act. It is made clear WP(C).No.19666 of 2019 3 that if any other demand exists, the petitioner is bound by conditional stay to the extent asabove. The writ petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE WP(C).No.19666 of 2019 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1A TRUE COPY OF THE CERTIFICATE OF CLASSIFICATION DATED 3.10.2016 ISSUED BY THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, THRISSUR.CLASSIFICATION DATED 3.10.2016 ISSUED BY THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, THRISSUR. EXHIBIT P1 AA TRUE COPY OF THE CERTIFICATE ISSUED BY THE ASSISTANT REGISTRAR (GENERAL) THALAPPILLY DATED 21.1.2019.THE ASSISTANT REGISTRAR (GENERAL) THALAPPILLY DATED 21.1.2019. EXHIBIT P2A TRUE COPY OF THE ASSESSMENT ORDER DATED 21.12.2018 FOR THE ASSESSMENT YEAR 2016-2017.21.12.2018 FOR THE ASSESSMENT YEAR 2016-2017. EXHIBIT P3A TRUE COPY OF THE DEMAND NOTICE DATED 00.12.2018.00.12.2018. EXHIBIT P4A TRUE COPY OF THE APPEAL MEMORANDUM FILED BEFORE THE 2ND RESPONDENT.BEFORE THE 2ND RESPONDENT. EXHIBIT P4 AA TRUE COPY OF THE STAY PETITION FILED BEFORE THE 2ND RESPONDENT.BEFORE THE 2ND RESPONDENT. EXHIBIT P5A TRUE COPY OF THE NOTICE UNDER SECTION 221(1) OF THE INCOME TAX ACT.221(1) OF THE INCOME TAX ACT. EXHIBIT P6A TRUE COPY OF THE JUDGMENT DATED 9.4.2019 IN WPC 11285 OF 2019.IN WPC 11285 OF 2019. EXHIBIT P7A TRUE COPY OF THE JUDGMENT DATED 21.12.2017 IN WPC NO.38566 OF 2017.21.12.2017 IN WPC NO.38566 OF 2017. EXHIBIT P8A TRUE COPY OF THE ORDER DATED 25.6.2019 EXT.P4(A) STAY PETITION IN ITA NO.270/18-19.EXT.P4(A) STAY PETITION IN ITA NO.270/18-19. RESPONDENTS' EXHIBITS:- NIL SAS/19/07/2019 //TRUE COPY// P.A. TO JUDGE