Wp(C)/32432/2019 Of The Kadakampally 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 NAMBIARFRIDAY, THE 29TH DAY OF NOVEMBER 2019 / 8TH AGRAHAYANA,1941 WP(C).No.32432 OF 2019(D) PETITIONER : THE KADAKAMPALLY SERVICE CO-OPERATIVE BANK LTD.NO.3515, REPRESENTED BY ITS SECRETARY, ANAYARA.P.O., THIRUVANANTHAPURAM DISTRICT-695 029. BY ADVS.SRI.T.R.HARIKUMARSRI.ARJUN RAGHAVAN RESPONDENTS : 1THE INCOME TAX OFFICER,WARD-2(1), OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX, AAYAKAR BHAVAN, KAWDIAR.P.O., THIRUVANANTHAPURAM, PIN - 695 003. 2THE COMMISSIONER OF INCOME TAX (APPEALS),AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN - 695 003. 3THE REGISTRAR,INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, KENDRIYA BHAVAN, BLOCK NO.C1 AND C2, 1ST FLOOR, KAKKANAD, COCHIN - 682 030. BY STANDING COUNSEL SRI.CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FORADMISSION ON 29.11.2019, THE COURT ON THE SAME DAYDELIVERED 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 together with Ext.P5 stay petitionbefore the 3[rd] respondent. It is the case of the petitioner that even priorto considering the stay petition, recovery steps are taken by therespondents against the petitioner for recovery of the amountsconfirmed by Ext.P3 rectified order. It is stated by the learned counselfor the petitioner that the issue involved in the appeal pertains to dis-allowance of deduction claimed under Section 80P of the Income TaxAct. 2. I have heard the learned counsel appearing for the petitionerand also the learned Standing counsel appearing for the respondents. On a consideration of the facts and circumstances of the case asalso the submissions made across the Bar and taking note of the fact thatin similar matters, this Court has directed the Appellate Authority toconsider and pass orders in the appeal and stayed the recovery ofdisputed amounts pending disposal of the appeal, this Writ petition isdisposed directing the 3[rd] respondent to consider and pass orders onExt.P4 appeal within an outer time limit of six months. Recovery steps for recovery of amounts confirmed against the petitioner shall be kept inabeyance till such time as orders are passed by the 3[rd] respondent asdirected above and communicated to the petitioner. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE RKM APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2015-2016 DATED 7.12.2017. EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 10.12.2018 IN ITA NO.117/EF/TVM/CIT(A)/TVM/2017-18 OF THE 2ND RESPONDENT. EXHIBIT P3A TRUE COPY OF THE ORDER DATED 3.9.2019 IN ITA NO.117/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 ALONG WITH AFFIDAVIT DATED 20.11.2019 AND CHELAN. EXHIBIT P5A TRUE COPY OF THE STAY PETITION FILEDALONG WITH EXT.P4 APPEAL DATED 20.11.2019.