Wp(C)/35554/2019 Of Cherunniyoor Service Co-Operative Bank Ltd 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, 1941 WP(C).No.35554 OF 2019(T) PETITIONER: CHERUNNIYOOR SERVICE CO-OPERATIVE BANK LTD. NO.726REPRESENTED BY ITS SECRETARY, CHERUNNIYOOR P.O. THIRUVANANTHAPURAM DISTRICT 695 142. BY ADVS.SRI.T.R.HARIKUMARSRI.ARJUN RAGHAVAN RESPONDENTS: 1THE INCOME TAX OFFICERWARD 2 (5), OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX, AAYAKAR BHAVAN, KAWDIAR P.O. THIRUVANANTHAPURAM 695 003.WARD 2 (5), OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX, AAYAKAR BHAVAN, KAWDIAR P.O. THIRUVANANTHAPURAM 695 003. 2THE COMMISSIONER OF INCOME(APPEALS), AAYAKAR BHAVAN, KOWDIAR THIRUVANANTHAPURAM 695 003.(APPEALS), AAYAKAR BHAVAN, KOWDIAR THIRUVANANTHAPURAM 695 003. 3THE REGISTRAR,INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, KENDRIYA BHAVAN, BLOCK NO. C1 AND C2, 1ST FLOOR, KAKKANAD, COCHIN 682 030. BYADV.SRI.CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.12.2019,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Against Ext.P3 rectified order under the Income Tax Act, thepetitioner has preferred Ext.P4 appeal together with Ext.P5 stay petitionbefore the 3[rd] respondent. It is the case of the petitioner that even priorto considering the stay petition, recovery steps are taken by therespondents against the petitioner for recovery of the amountsconfirmed by Ext.P3 rectified order. It is stated by the learned counselfor the petitioner that the issue involved in the appeal pertains to dis-allowance of deduction claimed under Section 80P of the Income TaxAct. 2. I have heard the learned counsel appearing for the petitionerand also the learned Standing counsel appearing 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 fact thatin similar matters, this Court has directed the Appellate Authority toconsider and pass orders in the appeal and stayed the recovery ofdisputed amounts pending disposal of the appeal, this Writ petition isdisposed directing the 3[rd] respondent to consider and pass orders onExt.P4 appeal within an outer time limit of six months from the date ofreceipt of a copy of this judgment, after hearing the petitioner.Recovery steps for recovery of amounts confirmed against the petitioner by Ext.P3rectified order shall be kept in abeyance till such time as orders arepassed by the 3[rd] respondent as directed above and communicated to thepetitioner. The petitioner shall produce a copy of the writ petition alongwith a copy of this judgment, before the 3[rd] respondent, for furtheraction. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE mns PETITIONER'S/S EXHIBITS: EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 RESPONDENTS EXHIBITS:NIL APPENDIX A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2015-2016 DATED 23.11.2017. A TRUE COPY OF THE ORDER DATED 10.12.2018 IN ITA NO. 107/EF/TVM/CIT(A)/TVM/2017-18 OF THE 2ND RESPONDENT. A TRUE COPY OF THE ORDER DATED 17.09.2019 IN ITS NO. 107/EF/TVM/CIT(A)/TVM /2017-18 ISSUED BY THE 2ND RESPONDENT NUDER SECTION 154 OF THE INCOME TAX ACT. A TRUE COPY OF THE APPEAL MEMORANDUM DATED 30.11.2019 ALONG WITH AFFIDAVIT AND CHELAN. A TRUE COPY OF THE STAY PETITION FILED ALONG WITH EXT. P4 APPEAL DATED 30.11.2019. //TRUE COPY// P.A TO JUDGE