Wp(C)/42936/2022 Of Kaipamangalam Service Co-Operative Bank Ltd.no.f 899 v. The Income Tax Officer (Tds)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 4 DAY OF JANUARY 2023 / 14TH POUSHA, 1944WP(C) NO. 42936 OF 2022 PETITIONER/S: KAIPAMANGALAM SERVICE CO-OPERATIVE BANK LTD.NO.F 899AGED 41 YEARSKAIPAMANGALAM POST,THRISSUR,REPRESENTED BY ITS SECRETARY., PIN - 680681BY ADVS.SREEHARI INDUKALADHARANM.SASINDRAN RESPONDENT/S: THE INCOME TAX OFFICER (TDS),OFFICE OF THE INCOME TAX OFFICE (TDS)AAYAKAR BHAVAN, SAKATHAN THAMPURAN NAGAR,THRISSUR, PIN - 680001BY ADV JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON04.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 42936 OF 2022 2 JUDGMENT Petitioner suffered Ext.P2 order of assessment for theassessment year 2021-22 under the provisions of the IncomeTax Act, 1961. According to the petitioner, the petitioner hasbeen denied the benefits of deduction under Section 80P of theIncome Tax Act. 2.Learned counsel appearing for the respondent-Department would point out that the assessment wascompleted, after providing all opportunities to the petitioner. Itis submitted that, apart from the question of deduction underSection 80P of the Income Tax Act, certain other issues are alsoinvolved in the order of assessment. It is submitted that thereare no extraordinary circumstances warranting determination ofthe questions raised in a writ petition under Article 226 of theConstitution of India. It is submitted that the petitioner canvery well prefer an appeal before the appellate authority againstExt.P2 order of assessment. 3.Having heard the learned counsel appearing for thepetitioner and the learned counsel appearing for the respondentDepartment, I am of the view that there is considerable merit inthe contention taken by the learned counsel appearing for the WP(C) NO. 42936 OF 2022 3 respondent-Department. There are no extraordinarycircumstances warranting the consideration of the correctnessof Ext.P2 order of assessment in a writ petition under Article226 of the Constitution of India. The petitioner has an effectivealternative remedy of filing an appeal before the NationalFaceless Appeal Centre. Therefore, this writ petition standsdisposed of, directing that if petitioner files an appeal againstExt.P2 order of assessment along with an application for stay,within a period of two weeks from the date of receipt of acertified copy of this judgment, all demands pursuant to Ext.P2order of assessment shall be kept in abeyance till a decision istaken by the National Faceless Appeal Centre on the staypetition to be filed by the petitioner as above. The NationalFaceless Appeal Centre shall decide the stay petition to be filed,after affording an opportunity of hearing to the petitioner. If thepetitioner does not file an appeal along with the stay petitionwithin the time granted as above, the petitioner will lose thebenefit of this judgment. The writ petition is disposed of as above. Sd/-GOPINATH P.JUDGE APPENDIX OF WP(C) 42936/2022 PETITIONER EXHIBITSExhibit P1 Exhibit P2 Exhibit P3 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 21.11.2022 ISSUED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, THRISSUR IS PRODUCED /-. A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2021-2022 DATED 14.12.2022 IS PRODUCED . A TRUE COPY OF THE DEMAND NOTICE NO.ITBA/AST/S/156/2022-23/1047985826(1) DATED14.12.2022 IS PRODUCED