Wp(C)/34700/2019 Of The Aryanad 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 WEDNESDAY, THE 18TH DAY OF DECEMBER 2019/27TH AGRAHAYANA, 1941 W.P(C).No.34700 OF 2019(J) PETITIONER: THE ARYANAD SERVICE CO-OPERATIVE BANK LTD.AGED 48 YEARSBANK BUILDING, ARYANAD POST, ARYANAD, TRIVANDRUM 695 542. REPRESENTED BY ITS SECRETARY ARUNGHOSH.S. BY ADVS.SRI.S.ARUN RAJSMT.C.T.SUJA RESPONDENTS: 1INCOME TAX OFFICERWARD 2 (3), AAYAKAR BHAWAN, 1ST FLOOR, KAWDIAR P.O. TRIVANDRUM 605 003.2THE PRINCIPAL COMMISSIONEROF INCOME TAX, AAYAKR BHAVAN, KOWDIAR, TRIVANDRUM 695 003. 3INCOME TAX APPELLATE TRIBUNAL,COCHIN BENCH, KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM 682 037. BY SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FORADMISSION ON 18.12.2019, 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 20 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.34700/2019 :: 4 :: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1TRUE COPY OF THE ASSESSMENT ORDER DATED27/12/2016 PASSED BY THE 1ST RESPONDENTUNDER SECTION 143 (3) OF THE CT FOR THE AY2014-15.27/12/2016 PASSED BY THE 1ST RESPONDENTUNDER SECTION 143 (3) OF THE CT FOR THE AY2014-15. EXHIBIT P2TRUE COPY OF THE ORDER DATED 5.3.2019PASSED BY THE COMMISSIONER OF THE INCOMETAX (APPEALS), TRIVANDRUM UNDER SECTION 250OF THE ACT ALLOWING THE APPEAL OF THEPETITIONER FOR THE AY 2014-15.PASSED BY THE COMMISSIONER OF THE INCOMETAX (APPEALS), TRIVANDRUM UNDER SECTION 250OF THE ACT ALLOWING THE APPEAL OF THEPETITIONER FOR THE AY 2014-15. EXHIBIT P3TRUE COPY OF THE ORDER DATED 3.9.2019PASSED BY THE COMMISSIONER OF INCOME TAX(APPEALS), TRIVANDRUM U/S. 154 R.W.S. 250OF THE ACT FOR THE AY 2014-15.PASSED BY THE COMMISSIONER OF INCOME TAX(APPEALS), TRIVANDRUM U/S. 154 R.W.S. 250OF THE ACT FOR THE AY 2014-15. EXHIBIT P2TRUE COPY OF THE ORDER DATED 5.3.2019PASSED BY THE COMMISSIONER OF THE INCOMETAX (APPEALS), TRIVANDRUM UNDER SECTION 250OF THE ACT ALLOWING THE APPEAL OF THEPETITIONER FOR THE AY 2014-15.PASSED BY THE COMMISSIONER OF THE INCOMETAX (APPEALS), TRIVANDRUM UNDER SECTION 250OF THE ACT ALLOWING THE APPEAL OF THEPETITIONER FOR THE AY 2014-15. EXHIBIT P3TRUE COPY OF THE ORDER DATED 3.9.2019PASSED BY THE COMMISSIONER OF INCOME TAX(APPEALS), TRIVANDRUM U/S. 154 R.W.S. 250OF THE ACT FOR THE AY 2014-15.PASSED BY THE COMMISSIONER OF INCOME TAX(APPEALS), TRIVANDRUM U/S. 154 R.W.S. 250OF THE ACT FOR THE AY 2014-15. EXHIBIT P4TRUE COPY OF THE APPEAL FILED BY THEPETITIONER BEFORE THE 3RD RESPONDENT INCOMETAX APPELLATE TRIBUNAL, COCHIN BENCH FORTHE AY 2014-15.PETITIONER BEFORE THE 3RD RESPONDENT INCOMETAX APPELLATE TRIBUNAL, COCHIN BENCH FORTHE AY 2014-15. EXHIBIT P5TRUE COPY OF THE DELAY CON DONATIONPETITION DELAY OF 20 DAYS FILED BY THEPETITIONER BEFORE THE 3RD RESPONDENT.PETITION DELAY OF 20 DAYS FILED BY THEPETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P6TRUE COPY OF THE STAY PETITION FILED BY THEPETITIONER BEFORE THE 3RD RESPONDENT FORTHE AY 2014-15PETITIONER BEFORE THE 3RD RESPONDENT FORTHE AY 2014-15 EXHIBIT P7TRUE COPY OF THE JUDGMENT DATED 4.12.2019PASSED BY THIS HONOURABLE COURT IN WPC NO.27295 OF 2019 IN THE CASE OF PACSPERTAINING TO DIS ALLOWANCE UNDER SECTION80 P.PASSED BY THIS HONOURABLE COURT IN WPC NO.27295 OF 2019 IN THE CASE OF PACSPERTAINING TO DIS ALLOWANCE UNDER SECTION80 P. RESPONDENTS EXHIBITS:NIL. //TRUE COPY// P.S. TO JUDGE W.P.(C).No.34700/2019 :: 5 ::