Wp(C)/28858/2019 Of Kuzhur Service Co-Operative Bank Limited v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 29TH DAY OF OCTOBER 2019 / 7TH KARTHIKA, 1941 WP(C).No.28858 OF 2019(F) PETITIONER: KUZHUR SERVICE CO-OPERATIVE BANK LIMITEDKUZHUR P.O. THRISSUR 680 734, REPRESENTED BY ITS SECRETARY SMT. SUNITHA.V.R. BY ADVS.SRI.K.S.HARIHARAN NAIRSMT.HARIMA HARIHARAN RESPONDENTS: 1THE INCOME TAX OFFICERWARD 2 (20 RANG-2, AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR 680 001. 2THE COMMISSIONER OF INCOME TAX(APPEALS), AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGR, THRISSUR 680 001. OTHER PRESENT: SC JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON29.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 JUDGMENT Against Exts.P1 and P1(a) assessment orders for the assessment years2012-2013 and 2017-2018 under the Income Tax Act, the petitioner haspreferred Exts.P2 and P2(a) appeals together with Exts.P3 and P3(a) staypetitions before the 2[nd] respondent. The limited prayer of the petitioner in thewrit petition is for a direction to the 2[nd] respondent to consider and passorders in the appeal, expeditiously, after hearing the petitioner. 2.I have heard the learned counsel appearing for the petitioner andalso the learned Government Pleader appearing for the respondents. On a consideration of the facts and circumstances of the case as also thesubmissions made across the Bar, I find that the appeals preferred againstExts.P1 and P1(a) orders before the 2[nd] respondent pertain to the issue ofdeduction under Section 80P of the Income Tax Act. In similar matters, aDivision Bench of this Court has directed a consideration of the appeals by theFirst Appellate Authority and has stayed the recovery of confirmed demandsfrom the assessees in the meanwhile. Taking cue from the said judgment ofthis Court, I dispose the writ petition with a direction to the 2[nd] respondent toconsider and pass orders on Exts.P2 and P2(a) appeals within an outer timelimit of six months from the date of receipt of a copy of this judgment, afterhearing the petitioner. It is made clear that recovery steps for recovery of theamounts confirmed against the petitioner by Exts.P1 and P1(a) assessmentorders shall be kept in abeyance till such time as the orders are passed by the 3 2[nd] respondent as directed and the order communicated to the petitioner. Thepetitioner shall produce a copy of the writ petition together with a copy of thisjudgment, before the 2nd respondent, for further action. SJ Sd/- A.K.JAYASANKARAN NAMBIARJUDGE 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1COPY OF ASSESSMENT ORDER DATED 27.09.2019 ISSUED BY THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2012-13. EXHIBIT P1 ACOPY OF ASSESSMENT ORDER DATED 27.09.2019 ISSUED BY THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2017-18.EXHIBIT P2COPY OF APPEAL MEMORANDUM DATED 23.10.2019 AGAINST EXT. P1EXHIBIT P2 ACOPY OF APPEAL MEMORANDUM DATED 23.10.2019 AGAINST EXT. P1(a)EXHIBIT P3COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 23.10.2019.EXHIBIT P3 ACOPY OF STAY PETITIONER FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 23.10.2019.