Wp(C)/29934/2019 Of Avanankuzhi Service Co-Operative Bank Ltd v. The Commissioner Of Income Tax (Appeals)

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, 1941 WP(C).No.29934 OF 2019(N) PETITIONER/S: AVANANKUZHI SERVICE CO-OPERATIVE BANK LTD.,NO. 2387, AVANANKUZHI, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, P.S. JAYASREE, W/O. BIJU RADHAKRISHNAN, AGED 49 YEARS, RESIDING AT VARUTHATTIL, MANGALATH KONAM, KATTACHALKUZHI P.O, THIRUVANANTHAPURAM DISTRICT. BY ADVS.SRI.BABU S. NAIRSMT.SMITHA BABU RESPONDENT/S: 1THE COMMISSIONER OF INCOME TAX (APPEALS),AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAMPIN-695 003AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAMPIN-695 003 2THE INCOME TAX OFFICER,WARD 2 (4), OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, RANGE 2, AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN-695 003 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 Income TaxAppellate Tribunal. It is the case of the petitioner that even prior to consideringthe stay petition, recovery steps are taken by the respondents against thepetitioner for recovery of the amounts confirmed by Ext.P3 rectified order. It isstated by the learned counsel for the petitioner that the issue involved in theappeal pertains to dis-allowance of deduction claimed under Section 80P of theIncome 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 Income Tax AppellateTribunal to consider and pass orders on Ext.P4 appeal within an outer time limit ofsix months. Recovery steps pursuant to Ext.P6 demand notice for recovery ofamounts confirmed against the petitioner shall be kept in abeyance till such timeas orders are passed by the Income Tax Appellate Tribunal as directed above andcommunicated to the petitioner. The petitioner shall produce a copy of thisjudgment together with a copy of the writ petition before the Income Tax AppellateTribunal for further action. Sd/-A.K.JAYASANKARAN NAMBIARJUDGE APPENDIX PETITIONER'S/S EXHIBITS: sd