Wp(C)/31625/2019 Of The Vamanapuram 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 FRIDAY, THE 22ND DAY OF NOVEMBER 2019 / 1ST AGRAHAYANA, 1941 WP(C).No.31625 OF 2019(C) PETITIONER/S: THE VAMANAPURAM SERVICE CO-OPERATIVE BANK LTD NO. 927 REPRESENTED BY ITS SECRETARY, VAMANAPURAM P O, THIRUVANANTHAPURAM DISTRICT-695606. BY ADVS.SRI.ADITHYA RAJEEVSRI.ARJUN RAGHAVAN RESPONDENT/S: SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON22.11.2019, 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 Standing Counsel 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 similar matters,this Court has directed the Appellate Authority to consider and pass orders in theappeal and stayed the recovery of disputed amounts pending disposal of the appeal,this Writ petition is disposed directing the 3[rd] respondent to consider and pass orderson Ext.P4 appeal within an outer time limit of six months. Recovery steps for recoveryof amounts confirmed against the petitioner shall be kept in abeyance till such time asorders are passed by the 3[rd] respondent as directed above and communicated to thepetitioner. The petitioner shall produce a copy of this judgment together with a copyof the writ petition before the 3[rd] respondent for further action. Sd/-A.K.JAYASANKARAN NAMBIARJUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1A TRUE COPY OF THE ASSESSMENT ORDER FOR THEYEAR 2015-2016 DATED 24.11.2017. EXHIBIT P2A TRUE COPY OF THE ORDER DATED 12.07.2018 IN ITA NO.105/EF/TVM/CIT(A)/TVM/2017-18 OF THE 2ND RESPONDENT. EXHIBIT P3A TRUE COPY OF THE ORDER DATED 15.01.2019 IN ITA NO.105/EF/TVM.CIT(A)/TVM/2017-18, ISSUED BY THE 2ND RESPONDENT UNDER SECTION 154 OF THE INCOME TAX ACT. EXHIBIT P4A TRUE COPY OF THE APPEAL MEMORANDUM DATED 11.11.2019 ALONG WITH AFFIDAVIT AND CHELAN. EXHIBIT P5A TRUE COPY OF THE STAY PETITION FILED ALONG WITH EXTP4 APPEAL DATED 11.11.2019. sd