Wp(C)/28936/2021 Of The Karimkunnam Service Co-Operative Bank Ltd v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 15 DAY OF DECEMBER 2021 / 24TH AGRAHAYANA, 1943WP(C) NO. 28936 OF 2021 PETITIONER/S: THE KARIMKUNNAM SERVICE CO-OPERATIVE BANK LTD NO. 2670 IX/73, KARIMKUNNAM SCB BUILDING, PALA ROAD, KARIMKUNNAM P.O, THODUPUZHA, IDUKKI -685586 REPRESENTED BY ITS SECRETARY DEENA SEBASTIAN BY ADV S.ARUN RAJ RESPONDENT/S: 1THE INCOME TAX OFFICERNEW DELHI-110003 NATIONAL FACELESS ASSESSMENT CENTRE, INCOME TAX DEPARTMENT, 2ND FLOOR, E-RAMP, JAWAHARLAL NEHRU STADIUM, 2NORTH BLOCK, NEW DELHI-110001 COMMISSIONER OF INCOME TAX (APPEALS) NATIONAL FACELESS APPEAL CENTRE, SRI. JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T The claim of the petitioner for deduction under Section 80 P of the Income Tax Act has been rejected by Ext.P1 assessmentorder. Against Ext.P1 assessment order passed by the 1[st]respondent, the petitioner has preferred Ext.P2 statutory appealbefore the 2[nd] respondent. The grievance of the petitioner is thatthe statutory appeal is not so far disposed of and the petitionerapprehends coercive steps pursuant to Ext.P1 assessment order.The limited prayer of the petitioner is for direction to the 2[nd]respondent to dispose of Ext.P2 appeal against Ext.P1 assessmentorder. 2.Heard the learned counsel for the petitioner and thelearned Standing Counsel for the Income Tax Department. 3.In the facts and circumstances of the case, there shallbe a direction to the 2[nd] respondent to consider and pass orders on Ext.P2 appeal within a period of four months from the date ofreceipt of a certified copy of the judgment. Till such time theorders are passed, there will be a stay of all further recoveryproceedings pursuant to Ext.P1 assessment order. The writ petition is disposed of accordingly. Sd/- MURALI PURUSHOTHAMAN JUDGE LU APPENDIX OF WP(C) 28936/2021 PETITIONER EXHIBITS EXHIBIT P1TRUE COPY OF THE ASSESSMENT ORDER DATED 26.02.2021 PASSED BY THE 1ST RESPONDENT UNDER SECTION 143(3) R.W.S.143(3A) & 143 (3B) OF THEACT FOR THE AY 2018-19 EXHIBIT P2TRUE COPY OF THE FIRST APPEAL FILED BY THE PETITIONER BEFORE THE FIRST APPELLATE AUTHORITY FOR THE AY 2018-19. // True Copy // PA To Judge