Wp(C)/30650/2019 Of Mugu Service Co-Operative Bank Ltd v. The Income Tax Officer, Ward-1, Kasaragod

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 14TH DAY OF NOVEMBER 2019 / 23RD KARTHIKA, 1941WP(C).No.30650 OF 2019(E) PETITIONER/S: MUGU SERVICE CO-OPERATIVE BANK LTD.MUGU P.O., PUTHIGE, (VIA) KUMBLA, KASARAGOD-671 321,REPRESENTED BY ITS SECRETARY-IN-CHARGE, SHRI.SANJEEVA RAI BY ADVS.SRI.V.P.NARAYANANSMT.NISHA JOHNSMT.DIVYA RAVINDRANSMT.BENITA ALPHONSA BASILSRI.R.BHASKARA KRISHNAN RESPONDENT/S: 1THE INCOME TAX OFFICER, WARD-1, KASARAGODWARD-1,KASARAGOD 2THE COMMISSIONER OF INCOME TAX (APPEALS)-II,AYYAKKAR BHAVAN, NORTH BLOCK, MANANCHIRA, KOZHIKODE-673 001 OTHER PRESENT: SC, CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON14.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Against Exts.P1 and P2 assessment order and orders under Section154 of the Income Tax Act, the petitioner has preferred Ext.P3 appeal, P3(a)stay petition and P3(b) delay condonation application before the 2[nd]respondent. It is stated that the issue involved in the appeal pertains to thedisallowance under Section 80P of the Income Tax Act. 2.I have heard the learned counsel for the petitioner and the learnedGovernment Pleader for the respondents. 3.Taking note of the fact that this Court has in similar cases directed theappellate authority to consider and pass orders in the appeal in a time boundmanner and stayed the recovery proceedings, I dispose the writ petition bydirecting the 2[nd] respondent to consider and pass orders on Ext.P3 appealwithin an outer time limit of six months from the date of receipt of a copy ofthis judgment, after hearing the petitioner. Recovery steps for recovery ofamounts confirmed against the petitioner by Exts.P1 and P2 orders shall bekept in abeyance till such time as orders are passed by the 2[nd] respondent, asdirected, and orders communicated to the petitioner. The petitioner shallproduce a copy of the writ petition and a copy of this judgment before the 2[nd]respondent for further action. Sd/-A.K.JAYASANKARAN NAMBIAR JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1TRUE COPY OF THE ASSESSMENT ORDER ALONG WITH DEMAND NOTICE 30.09.2015 PASSED BY THE1ST RESPONDENTWITH DEMAND NOTICE 30.09.2015 PASSED BY THE1ST RESPONDENT EXHIBIT P2TRUE COPY OF THE ORDER UNDER SECTION 154 DATED 9.03.2017 PASSED BY THE 1ST RESPONDENT ALONG WITH DEMAND NOTICEDATED 9.03.2017 PASSED BY THE 1ST RESPONDENT ALONG WITH DEMAND NOTICE EXHIBIT P3TRUE COPY OF MEMORANDUM OF APPEAL DATED 06.11.2019 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT06.11.2019 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P3 ATRUE COPY OF THE STAY PETITION DATED 30.10.2019 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT30.10.2019 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P3 BTRUE COPY OF THE DELAY PETITION DATED 30.10.2019 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT30.10.2019 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P4TRUE COPY OF THE LETTER DATED 8.11.20-19 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENTSUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P5TRUE COPY OF THE NOTICE DATED 28.0.2019 ISSUED BY 1ST RESPONDENTISSUED BY 1ST RESPONDENT