Wp(C)/32486/2019 Of Venjaramood 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 29TH DAY OF NOVEMBER 2019 / 8TH AGRAHAYANA, 1941WP(C).No.32486 OF 2019(I) PETITIONER/S: VENJARAMOOD SERVICE CO-OPERATIVE BANK LTD.NO.2419REPRESENTED BY ITS SECRETARY, VENJARAMOODU P.O.THIRUVANANTHAPURAM DISTRICT-695 607. BY ADVS.SRI.T.R.HARIKUMARSRI.ADITHYA RAJEEV RESPONDENT/S: OTHER PRESENT: SC CHRITOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON29.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Against Ext.P2 revised assessment order under the Income Tax Act thepetitioner has preferred Ext.P10 appeal and Ext.P11 stay petition before the2[nd] respondent. Ext.P9 is the garnishee notice issued under the Income TaxAct. It is the submission of the learned counsel for the petitioner that theissue involved in the appeal is the deduction under Section 80P of theIncome Tax Act and in similar cases this Court had directed the appellateauthority to consider and pass orders in the appeal and kept in abeyance therecovery proceedings for recovery of the amount confirmed against theassessee by the assessment order. Taking note of the said submission and finding that in similar mattersthis Court has granted a stay of recovery pending disposal of the appeal bythe first appellate authority, this writ petition is disposed by directing the 2[nd]respondent to consider and pass orders on Ext.P10 appeal within an outertime limit of six months from the date of receipt of a copy of this judgment,after hearing the petitioner. Recovery steps including further proceedingspursuant to Ext.P9 for recovery of the amounts confirmed against thepetitioner by the assessment order shall be kept in abeyance till such time asorders are passed by the 2[nd] respondent as directed and the orderscommunicated to the petitioner. It is made clear that during the periodwhen the stay granted by this Court is in operation the petitioner will bepermitted to operate the bank account mentioned in Ext.P9. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE //True copy// P.S. to Judge APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1A TRUE COPY OF THE JUDGMENT DATED 7.8.2018 IN WA NO 1405 OF 2018IN WA NO 1405 OF 2018 EXHIBIT P2A TRUE COPY OF THE RECTIFICATION ORDER UNDER SECTION 154 OF THE INCOME TAX ACT ISSUED BY THE 1ST RESPONDENT DATED 8.3.2019UNDER SECTION 154 OF THE INCOME TAX ACT ISSUED BY THE 1ST RESPONDENT DATED 8.3.2019 EXHIBIT P3 A TRUE COPY OF THE NOTICE DATED 25.4.2019 ISSUED BY THE 1ST RESPONDENTISSUED BY THE 1ST RESPONDENT EXHIBIT P4A TRUE COPY OF THE ONLINE APPEAL DATED 5.5.2019 FILED BEFORE THE 2ND RESPONDENT5.5.2019 FILED BEFORE THE 2ND RESPONDENT EXHIBIT P5A TRUE COPY OF THE STAY PETITION DATED 6.5.2019 FILED IN EXT-P4 APPEAL6.5.2019 FILED IN EXT-P4 APPEAL EXHIBIT P6A TRUE COPY OF THE JUDGMENT DATED 14.5.2019IN WPC NO 13547 OF 2019IN WPC NO 13547 OF 2019 EXHIBIT P7A TRUE COPY OF THE COMMUNICATION DATED 8.11.2019 ISSUED BY THE 2ND RESPONDENT8.11.2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P8A TRUE COPY OF THE COMMUNICATION DATED 13.11.2019 ISSUED BY THE 2ND RESPONDENT13.11.2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P9A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT DATED 19.11.2019THE 1ST RESPONDENT DATED 19.11.2019 EXHIBIT P10A TRUE COPY OF THE RECTIFIED APPEAL ALONG WITH GROUNDS OF APPEAL FILED BEFORE THE 2NDRESPONDENT DATED 18.11.20019WITH GROUNDS OF APPEAL FILED BEFORE THE 2NDRESPONDENT DATED 18.11.20019 EXHIBIT P11 A TRUE COPY OF THE STAY PETITION FILED IN EXT-P10 APPEAL DATED 20.11.2019EXT-P10 APPEAL DATED 20.11.2019