Wp(C)/32674/2019 Of Vakathanam 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 TUESDAY, THE 03RD DAY OF DECEMBER 2019 / 12TH AGRAHAYANA, 1941WP(C).No.32674 OF 2019(H) PETITIONER/S: VAKATHANAM SERVICE CO-OPERATIVE BANK LTD.NJALIANKUZHI, VAKATHANAM, KERALA - 686 011, REPRESENTED BY SECRETARY, MERCYAMMA JOSEPH. BY ADVS.SRI.ANIL D. NAIRSRI.SREEJITH R.NAIRSMT. ARYA ANILSHRI.GOKULRAJ L.SMT.SRI HARINI S.P. RESPONDENT/S: 1INCOME TAX OFFICER, WARD -3, THIRUVALLA - 689 101. 2THE COMMISSIONER OF INCOME TAX (APPEALS)KOTTAYAM - 686 001.3INCOME TAX APPELLATE TRIBUNALKOCHI- 682 037, REPRESENTED BY ITS REGISTRAR.SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON03.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Against Exts.P1 and P1(a) assessment orders under the Income Tax Act, thepetitioner has preferred Exts.P4 and P4(a) appeals, together with Exts.P5 andP5(a) stay petitions before the 3[rd] respondent. It is the case of the petitioner thateven prior to considering the stay petition, recovery steps are taken by therespondents against the petitioner for recovery of the amounts confirmed byExts.P1 and P1(a) assessment orders. It is stated by the learned counsel for thepetitioner that the issue involved in the appeal pertains to dis-allowance ofdeduction 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 similarmatters, this Court has directed the Appellate Authority to consider and passorders in the appeal and stayed the recovery of disputed amounts pendingdisposal of the appeal, this Writ petition is disposed directing the 3[rd] respondent toconsider and pass orders on Exts.P4 and P4(a) appeals within an outer time limitof six months from the date of receipt of a copy of this judgment after hearing thepetitioner. Recovery steps pursuant to Ext.P6 demand notice for recovery ofamounts confirmed against the petitioner shall be kept in abeyance till such timeas orders are passed by the 3[rd] respondent as directed above and communicated tothe petitioner. The petitioner shall produce a copy of this judgment together witha copy of the writ petition before the 3[rd] respondent for further action. Sd/- A.K.JAYASANKARAN NAMBIARJUDGE APPENDIX PETITIONER'S/S EXHIBITS: sd