Wp(C)/34205/2019 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 FRIDAY, THE 13TH DAY OF DECEMBER 2019 / 22ND AGRAHAYANA, 1941WP(C).No.34205 OF 2019(A) PETITIONER/S: VADAYAR SERVICE CO-OPERATIVE BANK LTD NO.266VADAYAR P.O., THALAYOLAPARAMBU P.O.KOTAYAM-686605REPRESENTED BY ITS SECRETARY, P.R.SAJI BY ADVS.SRI.ANIL D. NAIRSRI.R.SREEJITHSHRI.GOKULRAJ L.SMT. ARYA ANILSMT.SRI HARINI S.P. RESPONDENT/S: 1INCOME TAX OFFICER, WARD-5KOTTAYAM-6860012THE COMMISSIONER OF INCOME TAX (APPEALS)KOTTAYAM - 6860013INCOME TAX APPELLATE TRIBUNALKOCHI - 682037REPRESENTED BY ITS REGISTRAR SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON13.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Against Ext.P3 rectified order under the Income Tax Act, the petitioner haspreferred Ext.P4 appeal together with Ext.P5 stay petition before the 3[rd]respondent. It is the case of the petitioner that even prior to considering the staypetition, recovery steps are taken by the respondents against the petitioner forrecovery of the amounts confirmed by Ext.P3 rectified order. It is stated by thelearned counsel for the petitioner that the issue involved in the appeal pertains todis-allowance of deduction 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 similar matters,this Court has directed the Appellate Authority to consider and pass orders in theappeal and stayed the recovery of disputed amounts pending disposal of the appeal,this Writ petition is disposed directing the 3[rd] respondent to consider and pass orderson Ext.P4 appeal within an outer time limit of six months. Recovery steps pursuant toExt.P3 order for recovery of amounts confirmed against the petitioner shall be kept inabeyance till such time as orders are passed by the 3[rd] respondent as directed aboveand communicated to the petitioner. The petitioner shall produce a copy of thisjudgment together with a copy of the writ petition before the 3[rd] respondent for furtheraction. Sd/- A.K.JAYASANKARAN NAMBIARJUDGE APPENDIX PETITIONER'S EXHIBITS EXT. P1TRUE COPY OF THE ASSESSMENT ORDER ASSESSMENT ORDER FOR THE A.Y.2011-12 DATED 10.01.2014 EXT P2COPY OF THE ORDER DATED 28.02.2018 PASSED BY THE 2ND RESPONDENT EXT.P3COPY OF THE ORDER U/S.154 READ WITH SECTION 250 OF THE ACT DATED 30.09.2019THE ACT DATED 30.09.2019 EXT.P4COPY OF THE STATUTORY APPEAL FILED BEFORE THE 2ND RESPONDENT FOR THE A.Y.2011-12RESPONDENT FOR THE A.Y.2011-12 EXT.P5COPY OF THE STAY PETITION FOR THE YEAR 2011-12 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENTBY THE PETITIONER BEFORE THE 2ND RESPONDENT EXT.P6COPY OF THE DEMAND NOTICE DATED FOR A.Y.2011-12 ISSUDBY THE FIRST RESPONDENTBY THE FIRST RESPONDENT sd