Wp(C)/26606/2020 Of The Kadannamanna Service Co-Operative Bank 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 01ST DAY OF DECEMBER 2020 / 10TH AGRAHAYANA, 1942 WP(C).No.26606 OF 2020(A) PETITIONER: THE KADANNAMANNA SERVICE CO-OPERATIVE BANKNO. 10561, KADANNAMANNA P.O, MANAKADA VIA, MALAPPURAM -679324, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: BY ADV.SRI.CHRISTOPHER ABRAHAM,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON01.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Aggrieved by Ext.P1 assessment order under the Income Tax Act,the petitioner preferred an appeal before the first appellate authority.The same however came to be dismissed by Ext.P2 order. The petitionertherefore preferred Ext.P3 appeal together with Ext.P4 stay petitionbefore the 3[rd] respondent. It is the case of the petitioner that the issueinvolved in the appeal is the permissibility of deduction under Section80P of the Income Tax Act in its application to Co-operative Societiesand in similar cases this Court has directed the Appellate Authority toconsider the appeal itself within a time frame and to keep in abeyancethe recovery proceedings for recovery of amount confirmed against thepetitioner by Ext.P1 assessment order. 2. I have heard the learned counsel appearing for the petitionerand also the learned Standing counsel appearing for the respondents. On a consideration of the facts and circumstances of the case asalso the submissions made across the Bar and taking note of the factthat in similar matters, this Court has directed the Appellate Authorityto consider and pass orders in the appeal and stayed the recovery of disputed amounts pending disposal of the appeal, this Writ petition isdisposed directing the 3[rd] respondent to consider and pass orders onExt.P3 appeal within an outer time limit of six months from the date ofreceipt of a copy of this judgment, after hearing the petitioner. Recoverysteps for recovery of amounts confirmed against the petitioner by Ext.P1assessment order shall be kept in abeyance till such time as orders arepassed by the 3[rd] respondent as directed above and communicated to thepetitioner. The petitioner shall produce a copy of the writ petitiontogether with a copy of this judgment, before the 3[rd] respondent, forfurther action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE APPENDIX PETITIONER'S/S EXHIBITS: RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE