Wp(C)/32075/2019 Of Varkala 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 WEDNESDAY, THE 27TH DAY OF NOVEMBER 2019/6TH AGRAHAYANA, 1941 W.P(C).No.32075 OF 2019(H) PETITIONER: VARKALA SERVICE CO-OPERATIVE BANK LTD.NO.161,REPRESENTED BY ITS SECRETARY-IN -CHARGE,VARKALA P.O., CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT-695 141 BY ADVS.SRI.T.R.HARIKUMARSRI.ARJUN RAGHAVAN RESPONDENTS: BY SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSIONON 27.11.2019, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING: J U D G M E N T Against Ext.P3 rectified order under the Income Tax Act, thepetitioner has preferred Ext.P4 appeal together with Ext.P5 staypetition before the 3[rd] respondent. It is the case of the petitionerthat even prior to considering the stay petition, recovery steps aretaken by the respondents against the petitioner for recovery of theamounts confirmed by Ext.P3 rectified order. It is stated by thelearned counsel for the petitioner that the issue involved in theappeal pertains to dis-allowance of deduction claimed underSection 80P of the Income Tax Act. 2. I have heard the learned counsel appearing for thepetitioner and also the learned Standing counsel appearing for therespondents. On a consideration of the facts and circumstances of thecase as also the submissions made across the Bar and taking noteof the fact that in similar matters, this Court has directed the Appellate Authority to consider and pass orders in the appeal andstayed the recovery of disputed amounts pending disposal of theappeal, this writ petition is disposed directing the 3[rd] respondentto consider and pass orders on Ext.P4 appeal within an outer timelimit of six months. Recovery steps for recovery of amountsconfirmed against the petitioner by Ext.P3 rectified order, shall bekept in abeyance till such time as orders are passed by the 3[rd]respondent as directed above and communicated to the petitioner.The petitioner shall produce a copy of the writ petition togetherwith a copy of this judgment, before the 3[rd] respondent, for furtheraction. Sd/-A.K.JAYASANKARAN NAMBIAR JUDGE prp/27/11/19 W.P.(C).No.32075/2019 :: 4 :: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER FOR THEYEAR 2015-2016 DATED 07.12.2017 EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 18.12.2018IN ITA NO.175/EF/TVM/CIT(A)/TVM/2017-18 OFTHE 2ND RESPONDENT EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 03.09.2019IN ITA NO.175/EF/TVM/CIT(A)/TVM/2017-18,ISSUED BY THE 2ND RESPONDENT UNDER SECTION154 OF THE INCOME TAX ACT EXHIBIT P4A TRUE COPY OF HE APPEAL MEMORANDUM ALONGWITH AFFIDAVIT DATED 11.1.12019 AND CHELAN EXHIBIT P5A TRUE COPY OF THE STAY PETITION FILEDALONG WITH EXT-P4 APPEAL DATED 11.11.2019. RESPONDENTS EXHIBITS:NIL. //TRUE COPY// P.S. TO JUDGE