Wp(C)/3571/2016 Of Cheruvathur Farmers Service Co-Operative Bank Ltd v. The Commissioner Of Income Tax Appeals

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 29TH DAY OF JANUARY 2016/9TH MAGHA, 1937 WP(C).No. 3571 of 2016 (V) ----------------------------------------- PETITIONER(S) : -------------------------- CHERUVATHUR FARMERS SERVICE CO-OPERATIVE BANK LTD., CHERUVATHUR, KASARGOD-671 313, REPRESENTED BY ITS MANAGING DIRECTOR MR.VINAYA KUMAR P.K. BY ADVS.SRI.A.KUMAR SRI.P.J.ANILKUMAR SMTG.MINI(1748) SRI.P.S.SREE PRASAD RESPONDENT(S) : ---------------------------- 1. THE COMMISSIONER OF INCOME TAX APPEALS, CALICUT-673 001. 2. THE INCOME TAX OFFICER, WARD NO.2, KASARGODE, VIDYA NAGAR P.O- 671 123. BY ADV. SRI.K.M.V.PANDALAI, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Msd. --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS : ---------------------------------------- EXHIBIT P1:A TRUE COPY OF THE BYE-LAWS OF THE CO-OPERATIVE SOCIETY.SOCIETY. EXHIBIT P2:TRUE COPY OF THE ASSESSMENT ORDER FOR THE ASSESSMENT YEAR 2013-14.THE ASSESSMENT YEAR 2013-14. EXHIBIT P3:TRUE COPY OF MEMORANDUM OF APPEAL DATED 20/01/2016. EXHIBIT P4:TRUE COPY OF COMMUNICATION DATED 31/12/2015. EXHIBIT P5:TRUE COPY OF ONE SUCH INTERIM ORDER IN W.P.(C) NO.17678/2015 DATED 08/01/2016.W.P.(C) NO.17678/2015 DATED 08/01/2016. RESPONDENT(S)' EXHIBITS : ------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE. A.K.JAYASANKARAN NAMBIAR, J..............................................................W.P.(C).No.3571 Of 2016.............................................................Dated this the 29[th] day of January, 2016 J U D G M E N T Against Ext.P2 assessment order under the Income Tax Act,the petitioner has preferred Ext.P3 appeal before the 1[st]respondent. It is the case of the petitioner that the issue involvedin the appeal pertains to the eligibility of the petitioner for thebenefit of deduction under Section 80 P of the Income Tax Act andthe said issue is pending consideration before this Court in ITAwhere a complete stay of recovery of amounts confirmed againstthe assessee has been granted. 2. I have heard the learned counsel for the petitioner and alsothe learned Government Pleader for the respondents. 3. On a consideration of the facts and circumstances of thecase and the submissions made across the bar and taking note ofthe said submission of counsel for the petitioner, I dispose the writpetition directing the 1[st] respondent to pass orders in Ext.P3 appeal W.P.(C). No. 3571 of 2016 within a period of four months after hearing the petitioner. I makeit clear that recovery steps for recovery of amounts confirmedagainst the petitioner by Ext.P2 assessment order shall be kept inabeyance till such time as orders are passed by the 1[st] respondentas directed and communicated to the petitioner. The petitionershall produce a copy of the writ petition along with a copy of thisjudgment before the 1[st] respondent for further action. A.K.JAYASANKARAN NAMBIAR JUDGE