Wp(C)/19892/2024 Of Palode Co-Operative Agricultural Development Bank Limited v. Assistant Director Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMANMONDAY, THE 3 DAY OF JUNE 2024 / 13TH JYAISHTA, 1946 WP(C) NO. 19892 OF 2024 PETITIONER: PALODE CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK LIMITEDPALODE, KARIMANCODEPALODE, KARIMANKODE B.O, THIRUVANANTHAPURAM, KERALA, INDIA, REPRESENTED BY R.VAIJU KUMAR , SECRETARY, PIN – 695 562. BY ADVS. ADITYA UNNIKRISHNANPRIYADARSINI S.BINISHA BABYANIL D. NAIR (SR.) RESPONDENTS: 1ASSISTANT DIRECTOR OF INCOME TAXCENTRAL PROCESSING CENTRE, AYAKAR BHAVAN, BANGALORE, PIN – 560 001.CENTRAL PROCESSING CENTRE, AYAKAR BHAVAN, BANGALORE, PIN – 560 001. 2NATIONAL FACELESS APPEAL CENTRENEW DELHI, PIN – 110 001.NEW DELHI, PIN – 110 001. 3DEPUTY COMMISSIONER OF INCOME TAXCIRCLE-1(1), THIRUVANTHAPURAM, PIN – 695 001.CIRCLE-1(1), THIRUVANTHAPURAM, PIN – 695 001. 4THE ASSISTANT COMMISSIONER OF INCOME TAXCIRCLE-1(1), THIRUVANANTHAPURAM, PIN – 695 001.CIRCLE-1(1), THIRUVANANTHAPURAM, PIN – 695 001. BY ADVS. P.G. JAYASHANKAR P.G, STANDING COUNSEL.CHRISTOPHER ABRAHAMP.R.AJITH KUMAR(K/000708/1998) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON03.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: : 2 : JUDGMENT The petitioner is a Co-operative Society registered under the Kerala Co-operative Societies Act, 1969 and an assessee under the Income Tax Act, 1961. The Society filed Ext.P5 appeal against Ext.P4 order passedby the 3[rd] respondent in a rectification applicationfiled under Section 154 of the Income Tax Act, 2017,against Ext.P1 intimation under Section 143(1) (a) for the assessment year 2019-20. The said appeal wasfiled along with Ext.P7 application to condone thedelay of 1220 days. The petitioner has also preferredExt.P6 stay petition. 2. The prayer of the petitioner is for aconsideration of Ext.P5 appeal expeditiously. W.P.(C) No. 19892 of 2024 : 3 : 3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. 4.Ext.P5 is a statutory appeal. There will bea direction to the 2[nd] respondent to consider Ext.P7application for condonation of delay, as expeditiouslyas possible. If the delay is condoned, the 2[nd]respondent shall consider Ext.P6 application for staythereafter. The entire exercise shall be completedwithin a period of two months from the date ofreceipt of a copy of this judgment. Till such time,there shall not any coercive proceedings against thepetitioner pursuant to Ext.P1. SRJ Sd/- MURALI PURUSHOTHAMANJUDGE : 4 : APPENDIX OF WP(C) 19892/2024 PETITIONER’S EXHIBITS EXHIBIT P1TRUE COPY OF INTIMATION UNDER SEC.143(1) (a)FOR THE ASSESSMENT YEAR 2019-2020 DATED29.05.2020. EXHIBIT P2TRUE COPY OF 154 PROCEEDINGS FILED BEFORETHE CPC, BANGALORE DATED 18/06/2020.THE CPC, BANGALORE DATED 18/06/2020. EXHIBIT P3TRUE COPY OF RECTIFICATION APPLICATIONDATED 09.1.2023.DATED 09.1.2023. EXHIBIT P4TRUE COPY OF THE ORDER DATED 20.10.2023. EXHIBIT P5TRUE COPY OF FORM NO.35, ALONG WITH THESTATEMENT OF FACTS AND GROUNDS OF APPEALDATED 02.11.2023.STATEMENT OF FACTS AND GROUNDS OF APPEALDATED 02.11.2023. EXHIBIT P6TRUE COPY OF PETITION FOR STAY DATED02.11.2023.02.11.2023. EXHIBIT P7TRUE COPY OF PETITION FOR CONDONATION OFDELAY DATED 02.11.2023DELAY DATED 02.11.2023