Wp(C)/29889/2019 Of Vembayam Service Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA, 1941WP(C).No.29889 OF 2019(I) PETITIONER/S: VEMBAYAM SERVICE CO-OPERATIVE BANK LTD. NO. 3121REPRESENTED BY ITS SECRETARY-IN-CHARGEKONCHIRA P.O., VEMBAYAM, THIRUVANANTHAPURAM DISTRICT-695615. BY ADVS.SRI.T.R.HARIKUMARSRI.ARJUN RAGHAVAN RESPONDENT/S: 1THE INCOME TAX OFFICERWARD-2(3), OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX, AAYAKAR BHAVAN, KAWDIAR P.O., THIRUVANANTHAPURAM, PIN-695003.WARD-2(3), OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX, AAYAKAR BHAVAN, KAWDIAR P.O., THIRUVANANTHAPURAM, PIN-695003. 2THE COMMISSIONER OF INCOME TAX (APPEALS),AAYAKAR BHAVAN, KAWDIAR P.O., THIRUVANANTHAPURAM, PIN-695003.AAYAKAR BHAVAN, KAWDIAR P.O., THIRUVANANTHAPURAM, PIN-695003.3THE REGISTRAR, INCOME TAX APPELLATE TRIBUNAL,COCHIN BENCH, KENDRIYA BHAVAN, BLOCK NO.C1 AND C2, 1ST FLOOR, KAKKANAD, COCHIN-682030.COCHIN BENCH, KENDRIYA BHAVAN, BLOCK NO.C1 AND C2, 1ST FLOOR, KAKKANAD, COCHIN-682030. SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON07.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Against Ext.P3 rectified order under the Income Tax Act, the petitioner haspreferred Ext.P4 appeal together with Ext.P5 stay petition before the 3[rd]respondent. It is the case of the petitioner that even prior to considering the staypetition, recovery steps are taken by the respondents against the petitioner forrecovery of the amounts confirmed by Ext.P3 rectified order. It is stated by thelearned counsel for the petitioner that the issue involved in the appeal pertains todis-allowance of deduction claimed under Section 80P of the Income Tax Act. 2. I have heard the learned counsel appearing for the petitioner and also thelearned Government Pleader appearing for the respondents. On a consideration of the facts and circumstances of the case as also thesubmissions made across the Bar and taking note of the fact that in similarmatters, this Court has directed the Appellate Authority to consider and passorders in the appeal and stayed the recovery of disputed amounts pending disposalof the appeal, this Writ petition is disposed directing the 3[rd] respondent to considerand pass orders on Ext.P4 appeal within an outer time limit of six months.Recovery steps pursuant to Ext.P6 demand notice for recovery of amountsconfirmed against the petitioner shall be kept in abeyance till such time as ordersare passed by the 3[rd] respondent as directed above and communicated to thepetitioner. Sd/- A.K.JAYASANKARAN NAMBIARJUDGE APPENDIX PETITIONER'S/S EXHIBITS: