Wp(C)/35283/2019 Of Koratty Service Co-Operative Bank Limited v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 20TH DAY OF DECEMBER 2019 / 29TH AGRAHAYANA, 1941WP(C).No.35283 OF 2019(I) PETITIONER/S: KORATTY SERVICE CO-OPERATIVE BANK LIMITED,KORATTY, THRISSUR-680308, REPRESENTED BY ITS SECRETARY SRI. SANIL KUMAR N.G. BY ADVS.SRI.K.S.HARIHARAN NAIRSMT.HARIMA HARIHARANSHRI.RAJATH R NATH RESPONDENT/S: 1THE INCOME TAX OFFICERWARD 2(2), AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR, PIN-680001. 2THE COMMISSIONER OF INCOME TAX (APPEALS),AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR, PIN-680001. OTHER PRESENT: SC JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON20.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Against Exts.P1 and P1(a) assessment orders under the Income TaxAct, the petitioner has preferred Exts.P2 and P2(a) appeals together withExts.P3 and P3(a) stay petitions before the 2[nd] respondent. It is thesubmission of the petitioner that even prior to considering the stay petitions,recovery steps are taken by the respondents against the petitioner forrecovery of the amounts confirmed by Exts.P1 and P1(a) assessment orders.It is stated by the learned counsel for the petitioner that the issue involved inthe appeal pertains to dis-allowance of deduction claimed under Section 80Pof the Income Tax Act. 2.I have heard the learned counsel for the petitioner and thelearned Standing Counsel for the Income Tax Department. On a consideration of the facts and circumstances of the case as alsothe submissions made across the Bar, and taking note of the fact that insimilar cases, this Court has directed the Appellate Authority to consider andpass orders in the appeal and stayed the recovery of disputed amountspending disposal of the appeal, this Writ Petition is disposed directing the 2[nd]respondent to consider and pass orders on Exts.P2 and P2(a) appeals withinan outer time limit of six months from the date of receipt of a copy of thisjudgment, after hearing the petitioner. Recovery steps for recovery of theamounts confirmed against the petitioner shall be kept in abeyance till such W.P.(C).No.35283/19 time as orders are passed by the 2[nd] respondent as directed above andcommunicated to the petitioner. The petitioner shall produce a copy of thewrit petition together with a copy of this judgment before the 2[nd] respondentfor further action. okb Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE //True copy// P.S. to Judge APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1COPY OF ASSESSMENT ORDER DATED 07.11.2019 ISSUED BY THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2012-13. EXHIBIT P1 ACOPY OF ASSESSMENT ORDER DATED 07.11.2019 ISSUED BY THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2017-18.EXHIBIT P2COPY OF APPEAL MEMORANDUM DATED 19.12.2019 AGAINST EXT.P1.EXHIBIT P2 ACOPY OF APPEAL MEMORANDUM DATED 19.12.2019 AGAINST EXT.P1(A)EXHIBIT P3COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 19.12.2019 IN EXT.P1 APPEAL. EXHIBIT P3 ACOPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 19.12.2019 IN EXT.P1 APPEAL.