Wp(C)/27295/2019 Of The Porora Service Co-Operative Bank v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 04TH DAY OF DECEMBER 2019/13TH AGRAHAYANA, 1941 W.P(C).No.27295 OF 2019(J) PETITIONER: THE PORORA SERVICE CO-OPERATIVE BANKC-8, MARUTHAYI, PORORA.P.O, KANNUR-670702 REPRESENTED BY ITS SECRETARY M.K.VANAJA BY ADVS.SRI.S.ARUN RAJSMT.C.T.SUJASRI.ARJUN S.RAJ RESPONDENTS: 1THE INCOME TAX OFFICERWARD-3, KANNUR RANGE, KANNUR-670006 2THE PRINCIPAL COMMISSIONER OF INCOME TAXAAYAKAR BHAVAN, NORTH BLOCK, MANANCHIRA, KOZHIKODE-673001AAYAKAR BHAVAN, NORTH BLOCK, MANANCHIRA, KOZHIKODE-673001 3THE COMMISSIONER OF INCOME TAX(APPEALS)AAYAKAR BHAVAN, MANACHIRA, KOZHIKODE-673001AAYAKAR BHAVAN, MANACHIRA, KOZHIKODE-673001 BY SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARDON 04.12.2019, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING: J U D G M E N T Against Exts.P1 and P3 assessment orders under the IncomeTax Act, the petitioner has preferred Exts.P2 and P4 appeals beforethe 3[rd] respondent. Ext.P5 is the stay application filed by thepetitioner before the said respondent for both the assessment years.It is the case of the petitioner that even prior to considering the stayapplication, recovery steps are taken by the respondents against thepetitioner for recovery of the amounts confirmed by Exts.P1 and P3assessment orders. It is further stated by the learned counsel for thepetitioner that the issue involved in the appeal pertains to dis-allowance of deduction claimed under Section 80P of the IncomeTax Act. 2. I have heard the learned counsel appearing for thepetitioner and also the learned Standing counsel appearing for therespondents. On a consideration of the facts and circumstances of the caseas also the submissions made across the Bar and taking note of thefact that in similar matters, this Court has directed the Appellate Authority to consider and pass orders in the appeal and stayed therecovery of disputed amounts pending disposal of the appeal, thiswrit petition is disposed directing the 3[rd] respondent to consider andpass orders on Exts.P2 and P4 appeals within an outer time limit ofsix months from the date of receipt of a copy of this judgment, afterhearing the petitioner. Recovery steps for recovery of amountsconfirmed against the petitioner by Exts.P1 and P3 assessmentorders shall be kept in abeyance till such time as orders are passedby 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 prp/4/12/19 W.P.(C).No.27295/2019 :: 4 :: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER DATED25.12.2017 PASSED BY THE 1ST RESPONDENTUNDER SECTION 143(3) OF THE ACT FOR THE AY2015-1625.12.2017 PASSED BY THE 1ST RESPONDENTUNDER SECTION 143(3) OF THE ACT FOR THE AY2015-16 EXHIBIT P2TRUE COPY OF THE FIRST APPEAL FILED BY THEPETITIONER BEFORE THE 3RD RESPONDENT FORTHE AY 2015-16PETITIONER BEFORE THE 3RD RESPONDENT FORTHE AY 2015-16 EXHIBIT P3TRUE COPY OF THE ASSESSMENT ORDER DATED24.12.2018 PASSED UNDER SECTION 143(3) FORTHE AY 2016-1724.12.2018 PASSED UNDER SECTION 143(3) FORTHE AY 2016-17 EXHIBIT P4TRUE COPY OF THE FIRST APPEAL FILED BY THEPETITIONER BEFORE THE 3RD RESPONDENT FORTHE AY 2016-17PETITIONER BEFORE THE 3RD RESPONDENT FORTHE AY 2016-17 EXHIBIT P5TRUE COPY OF THE APPLICATION OF STAY FILEDBY THE PETITIONER BEFORE THE 3RD RESPONDENTFORTHEAY2015-16AND2016-17 BY THE PETITIONER BEFORE THE 3RD RESPONDENTFORTHEAY2015-16AND2016-17 EXHIBIT P2TRUE COPY OF THE FIRST APPEAL FILED BY THEPETITIONER BEFORE THE 3RD RESPONDENT FORTHE AY 2015-16PETITIONER BEFORE THE 3RD RESPONDENT FORTHE AY 2015-16 EXHIBIT P3TRUE COPY OF THE ASSESSMENT ORDER DATED24.12.2018 PASSED UNDER SECTION 143(3) FORTHE AY 2016-1724.12.2018 PASSED UNDER SECTION 143(3) FORTHE AY 2016-17 EXHIBIT P4TRUE COPY OF THE FIRST APPEAL FILED BY THEPETITIONER BEFORE THE 3RD RESPONDENT FORTHE AY 2016-17PETITIONER BEFORE THE 3RD RESPONDENT FORTHE AY 2016-17 EXHIBIT P5TRUE COPY OF THE APPLICATION OF STAY FILEDBY THE PETITIONER BEFORE THE 3RD RESPONDENTFORTHEAY2015-16AND2016-17 BY THE PETITIONER BEFORE THE 3RD RESPONDENTFORTHEAY2015-16AND2016-17 EXHIBIT P5TRUE COPY OF THE STAY APPLICATIONS FILEDBEFORE THE 3RD RESPONDENT, COMMISSIONER OFINCOME TAX, (APPEALS) FOR THE AY'S 2015-16AND 2016-17 [SUBSTITUTED AS PER ORDER DATED4.12.2019 IN I.A.NO.1/2019].BEFORE THE 3RD RESPONDENT, COMMISSIONER OFINCOME TAX, (APPEALS) FOR THE AY'S 2015-16AND 2016-17 [SUBSTITUTED AS PER ORDER DATED4.12.2019 IN I.A.NO.1/2019]. RESPONDENTS EXHIBITS:NIL. //TRUE COPY// P.S. TO JUDGE