Wp(C)/32586/2019 Of Vadayar Service Co-Operative Bank Ltd v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 02ND DAY OF DECEMBER 2019 / 11TH AGRAHAYANA, 1941 WP(C).No.32586 OF 2019(W) PETITIONER: VADAYAR SERVICE CO-OPERATIVE BANK LTD. NO.266VADAYAR.P.O, THALAYOLAPARAMBU.P.O, KOTTAYAM-686605, REPRESENTED BY ITS SECRETARY,P.R.SAJI. BY ADVS.SRI.ANIL D. NAIRSRI.SREEJITH R.NAIRSMT. ARYA ANILSHRI.GOKULRAJ L.SMT.SRI HARINI S.P. RESPONDENTS: 1INCOME TAX OFFICERWARD-5,KOTTAYAM-686001. 2THE COMMISSIONER OF INCOME TAX(APPEALS),KOTTAYAM-686001. 3INCOME TAX APPELLATE TRIBUNAL,KOCHI-682037,REPRESENTED BY ITS REGISTRAR. BY ADV.SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.12.2019,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT 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. Ext.P6 is the demand notice. It is the case ofthe petitioner that even prior to considering the stay petition, recoverysteps are taken by the respondents against the petitioner for recovery ofthe amounts confirmed by Ext.P3 rectified order. It is stated by thelearned counsel for the petitioner that the issue involved in the appealpertains to dis-allowance of deduction claimed under Section 80P of theIncome Tax Act. 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 on Ext.P4 appeal within an outer time limit of six months from the date ofreceipt of a copy of this judgment, after hearing the petitioner. Recoverysteps pursuant to Ext.P6 demand notice for recovery of amountsconfirmed against the petitioner shall be kept in abeyance till such timeas orders are passed by the 3[rd] respondent as directed above andcommunicated to the petitioner. The petitioner shall produce a copy ofthe writ petition along with a copy of this judgment, before the 3[rd]respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE mns APPENDIX PETITIONER'S/S EXHIBITS: RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE