Wp(C)/34305/2015 Of The Kadannamanna Service Co-Op..bank Ltd v. The Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 13TH DAY OF NOVEMBER 2015/22ND KARTHIKA, 1937 WP(C).No. 34305 of 2015 (K) ---------------------------- PETITIONER: ------------------- THE KADANNAMANNA SERVICE CO-OPERATIVE BANK LTD. NO. 10561, KADANNAMANNA P.O., MALAPPURAM DISTRICT- 679 324, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.O.D.SIVADAS. RESPONDENTS: ------------------------ 1. THE COMMISSIONER OF INCOME TAX (APPEALS), AYAKAR BHAVAN, KOZHIKODE- 673 001. AYAKAR BHAVAN, KOZHIKODE- 673 001. 2. THE INCOME TAX OFFICER, WARD (4), TIRUR, PIN- 676 101. TIRUR, PIN- 676 101. BY ADV. SRI.K.M.V.PANDALAI, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C).No. 34305 of 2015 (K) APPENDIX PETITIONER'S EXHIBITS:- P1:-COPY OF THE ASSESSMENT ORDER DTD. 02/03/2015 ISSUED BY THE 2ND RESPONDENT.2ND RESPONDENT. P2:-COPY OF THE APPEAL DTD. 30/03/2015 FILED BEFORE THE 1ST RESPONDENT.1ST RESPONDENT. P3:-COPY OF THE STAY PETITION DTD. 08/04/2015 FILED BEFORE THE 1ST RESPONDENT.1ST RESPONDENT. P4:-COPY OF THE STAY ORDER DTD. 23/08/2014 ISSUED BY THIS HON'BLE COURT IN IA NO. 2573/2014 IN ITA NO. 198/2014.COURT IN IA NO. 2573/2014 IN ITA NO. 198/2014. P5:-COPY OF THE ORDER DTD. 06/10/2015 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE A.K.JAYASANKARAN NAMBIAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 34305 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13[th] day of November 2015 JUDGMENT The challenge in the writ petition is against Ext.P5 orderpassed by the 1[st] respondent, in stay applications preferred by thepetitioner along with an appeal filed against assessment ordersunder the Income Tax Act, where amounts were confirmed againstthe petitioner by disallowing deductions under Section 80 P of theIncome Tax Act. In Ext.P5 stay order, the 1[st] respondent hasgranted a stay on condition that the petitioner remits 50% of theamount confirmed against him in the assessment order. The prayerin the writ petition is essentially for a stay of the direction to remit50% of the amount confirmed against the petitioner in view of thefact that income tax appeals preferred by other assessees againstorders of the appellate Tribunal confirming demands similar towhat was confirmed against the petitioner, are pendingconsideration before this Court and in those appeals, this Court hasgranted a stay of recovery of amounts pending disposal of theappeals. 2. I have heard the learned counsel for the petitioner andalso the learned Standing counsel 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 factthat in identical matters this Court has granted a stay pendingdisposal of the income tax appeals, I modify the directions in Ext.P5conditional order of stay granted by the 1[st] respondent by making itclear that the petitioner will not be required to make any payment inthe matter pending disposal of the appeal by the 1st respondent.There will be a further direction to the 1[st] respondent to consider andpass orders in the appeals within a period of three months from thedate of receipt of a copy of this judgment, after hearing the petitioner.The recovery steps for recovery of amounts from the petitionerpursuant to the assessment orders, shall be kept in abeyance till suchtime as orders are passed by the 1[st] respondent as directed andcommunicated to the petitioner. The petitioner shall produce a copyof this judgment along with a copy of this writ petition before the 1strespondent for further action. sm/