Wp(C)/34504/2019 Of The Katttakode Service Co-Operative Bank Ltd. No. T 145 v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 17TH DAY OF DECEMBER 2019/26TH AGRAHAYANA, 1941 W.P(C).No.34504 OF 2019 PETITIONER: THE KATTTAKODE SERVICE CO-OPERATIVE BANK LTD. NO. T 145,KATTAKODE, KATTAKADA, TRIVANDRUM - 695 572, REPRESENTED BY ITS SECRETARY THOMAS JOHN. BY ADVS.SRI.S.ARUN RAJSMT.C.T.SUJASRI.ARJUN S.RAJ RESPONDENTS: 1INCOME TAX OFFICER,WARD-2(2), AYAKAR BHAWAN, 1ST FLOOR, KOWDIAR P.O., TRIVANDRUM - 695 003. BY SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FORADMISSION ON 17.12.2019, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: J U D G M E N T Against Ext.P3 rectification order under the Income Tax Act,the petitioner has preferred Ext.P4 appeal together with Ext.P5delay condonation petition as also Ext.P6 stay petition before the3[rd] respondent. It is the case of the petitioner that even prior toconsidering the stay petition, recovery steps are taken by therespondents against the petitioner for recovery of the amountsconfirmed by Ext.P3 rectification order. It is stated by the learnedcounsel for the petitioner that the issue involved in the appealpertains to dis-allowance of deduction claimed under Section 80Pof the Income Tax Act. 2. I have heard the learned counsel appearing for thepetitioner and also the learned Standing counsel appearing for therespondents. On a consideration of the facts and circumstances of thecase as also the submissions made across the Bar and taking note of the fact that in similar matters, this Court has directed theAppellate Authority to consider and pass orders in the appeal andstayed the recovery of disputed amounts pending disposal of theappeal. Taking note of the fact that delay occassioned in filing theappeal before the 3[rd] respondent is only 14 days, I deem itappropriate to condone the delay, and dispose this Writ petitionwith a direction to the 3[rd] respondent to consider and pass orderson Ext.P4 appeal within an outer time limit of six months from thedate of receipt of a copy of this judgment. Recovery steps forrecovery of amounts confirmed against the petitioner by Ext.P3rectification order shall be kept in abeyance till such time asorders are passed by the 3[rd] respondent as directed above andcommunicated to the petitioner. The petitioner shall produce acopy of the writ petition together with a copy of this judgment,before the 3[rd] respondent, for further action. Sd/-A.K.JAYASANKARAN NAMBIAR JUDGE W.P.(C).No.34504/2019 :: 4 :: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 20-11-2017 PASSED BY THE 1ST RESPONDENT UNDER SECTION143(3) OF THE ACT FOR THE AY 2011-12. EXHIBIT P2TRUE COPY OF THE ORDER DATED 05-03-2019 PASSEDBY THE COMMISSIONER OF THE INCOME TAX(APPEALS), TRIVANDRUM UNDER SECTION 250 OF THEACT ALLOWING THE APPEAL OF THE PETITIONER FORTHE AY 2011-12.BY THE COMMISSIONER OF THE INCOME TAX(APPEALS), TRIVANDRUM UNDER SECTION 250 OF THEACT ALLOWING THE APPEAL OF THE PETITIONER FORTHE AY 2011-12. EXHIBIT P3TRUE COPY OF THE ORDER DATED 03-09-2019 PASSEDBY THE COMMISSIONER OF THE INCOME TAX(APPEALS), TRIVANDRUM UNDER SECTION 154 R.W.S.250 OF THE ACT FOR THE AY 2011-12.BY THE COMMISSIONER OF THE INCOME TAX(APPEALS), TRIVANDRUM UNDER SECTION 154 R.W.S.250 OF THE ACT FOR THE AY 2011-12. EXHIBIT P4TRUE COPY OF THE APPEAL FILED BY THE PETITIONERBEFORE THE 3RD RESPONDENT INCOME TAX APPELLATETRIBUNAL, COCHIN BENCH FOR THE AY 2011-12.BEFORE THE 3RD RESPONDENT INCOME TAX APPELLATETRIBUNAL, COCHIN BENCH FOR THE AY 2011-12. EXHIBIT P5TRUE COPY OF THE DELAY CONDONATION PETITION(DELAY OF 14 DAYS) FILED BY THE PETITIONERBEFORE THE 3RD RESPONDENT.(DELAY OF 14 DAYS) FILED BY THE PETITIONERBEFORE THE 3RD RESPONDENT. EXHIBIT P3TRUE COPY OF THE ORDER DATED 03-09-2019 PASSEDBY THE COMMISSIONER OF THE INCOME TAX(APPEALS), TRIVANDRUM UNDER SECTION 154 R.W.S.250 OF THE ACT FOR THE AY 2011-12.BY THE COMMISSIONER OF THE INCOME TAX(APPEALS), TRIVANDRUM UNDER SECTION 154 R.W.S.250 OF THE ACT FOR THE AY 2011-12. EXHIBIT P4TRUE COPY OF THE APPEAL FILED BY THE PETITIONERBEFORE THE 3RD RESPONDENT INCOME TAX APPELLATETRIBUNAL, COCHIN BENCH FOR THE AY 2011-12.BEFORE THE 3RD RESPONDENT INCOME TAX APPELLATETRIBUNAL, COCHIN BENCH FOR THE AY 2011-12. EXHIBIT P5TRUE COPY OF THE DELAY CONDONATION PETITION(DELAY OF 14 DAYS) FILED BY THE PETITIONERBEFORE THE 3RD RESPONDENT.(DELAY OF 14 DAYS) FILED BY THE PETITIONERBEFORE THE 3RD RESPONDENT. EXHIBIT P6TRUE COPY OF THE STAY PETITION FILED BY THEPETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY2011-12.PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY2011-12. EXHIBIT P7TRUE COPY OF THE JUDGMENT DATED 04-12-2019PASSED BY THIS HON'BLE COURT IN WPC NO. 27295OF 2019 IN THE CASE OF PACS PERTAINING TODISALLOWANCE UNDER SECTION 80 P.PASSED BY THIS HON'BLE COURT IN WPC NO. 27295OF 2019 IN THE CASE OF PACS PERTAINING TODISALLOWANCE UNDER SECTION 80 P. RESPONDENTS EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE