Wp(C)/30409/2019 Of Naruvamoodu 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 TUESDAY, THE 12TH DAY OF NOVEMBER 2019 / 21ST KARTHIKA, 1941 WP(C).No.30409 OF 2019(A) PETITIONER: NARUVAMOODU SERVICE CO-OPERATIVE BANK LTD. NO.160,REPRESENTED BY ITS SECRETARY, NARUVAMOODU P.O., THIRUVANANTHAPURAM DISTRICT, PIN- 695020. BY ADVS.SRI.ARJUN RAGHAVANSRI.ADITHYA RAJEEV RESPONDENTS: 1THE INCOME TAX OFFICER,WARD-2(2), OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX, AAYAKAR BHAVAN, KAWDIAR P.O., THIRUVANANTHAPURAM, PIN- 695003.2THE COMMISSIONER OF INCOME TAX (APPEALS),AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN- 695003.3THE REGISTRAR,INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, KENDRIYA BHAVAN, BLOCK NO.C1 AND C2, 1ST FLOOR, KAKKANAD, COCHIN- 682030. OTHER PRESENT: SC CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON12.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T Against Ext.P3 rectified order under the Income Tax Act, thepetitioner has preferred Ext.P4 appeal and Ext.P5 stay petition beforethe 3[rd] respondent. It is stated that the issue involved pertains to thedis-allowance of deduction under Section 80P of the Income Tax Act. 2. I have heard the learned counsel for the petitioner as alsothe learned Standing counsel for the respondents. 3.Taking note of the fact that this Court has, in similarmatters, granted a stay against recovery of amounts pendingconsideration of the appeal by the Appellate Authority, I dispose thewrit petition with a direction to the 3[rd] respondent to consider and passorders on Ext.P4 appeal, within an outer time limit of six months fromthe date of receipt of a copy of this judgment, after hearing thepetitioner. Recovery steps for recovery of amounts confirmed againstthe petitioner by Ext.P3 rectified order shall be kept in abeyance tillsuch time as orders are passed by the 3[rd] respondent, as directed andthe order communicated to the petitioner. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER FOR THEYEAR 2012-2013 DATED 14.12.2017. EXHIBIT P2A TRUE COPY OF THE ORDER DATED 17.12.2018 IN ITA NO.184/EF/TVM/CIT(A)/TVM/2017-18 OF THE 2ND RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 03.09.2019 IN ITA NO.184/EF/TVM/CIT(A)/TVM/2017-18, ISSUED BY THE 2ND RESPONDENT UNDER SECTION 154 OF THE INCOME TAX ACT. EXHIBIT P4 A TRUE COPY OF THE APPEAL MEMORANDUM DATED 16.10.2019 ALONG WITH AFFIDAVIT AND CHELAN. EXHIBIT P5 A TRUE COPY OF THE STAY PETITION FILED ALONG WITH EXT.P4 APPEAL DATED 16.10.2019.