Wp(C)/6377/2021 Of The Anchalummood Service Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.M.BADAR FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942 WP(C).No.6377 OF 2021(V) PETITIONER/S: THE ANCHALUMMOOD SERVICE CO-OPERATIVE BANK LTD. NO.613, REPRESENTED BY ITS SECRETARY, PERINAD P.O., KOLLAM DISTRICT, PIN-691601. BY ADV. SRI.T.R.HARIKUMAR RESPONDENT/S: 1THE INCOME TAX OFFICER,WARD 1 & TPS, OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX, KOLLAM RANGE, AAYAKAR BHAVAN, KARBALA JUNCTION, KOLLAM, PIN-691001.KOLLAM, PIN-691001. 2THE ASSISTANT DIRECTOR OF INCOME TAX,CENTRALIZED PROCESSING CENTRE, BENGALURU-560500.CENTRALIZED PROCESSING CENTRE, BENGALURU-560500. 3THE COMMISSIONER OF INCOME TAX (APPEALS),AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN-695003.AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN-695003. 4THE COMMISSIONER OF INCOME TAX (APPEALS),NATIONAL FACELESS APPEAL CENTRE, NORTH BLOCK, DELHI-110001. 5THE KERALA STATE CO-OPERATIVE BANK(FORMERLY KNOWN AS KOLLAM DISTRICT CO-OPERATIVE BANK), ANCHALUMMOOD BRANCH, KOLLAM DISTRICT, PIN-691601, REPRESENTED BY ITS BRANCH MANAGER. SRI. CHRISTOPHER ABRAHAM - SC,INCOME TAX SRI. P.C SASIDHARAN - SC,BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 12th day of March 2021 Heard both sides. 2.Petitioner is an assessee under the Income Tax Act andaccording to the learned counsel for the petitioner, it is entitled fordeductions enumerated under Section 80 P of the Income Tax Act.The petitioner, feeling aggrieved by the assessment order atExt.P2, rejecting the claim for deduction under Section 80P of theIncome Tax Act, has filed an appeal at Ext.P3 before the 3[rd]respondent and that appeal is accompanied by a stay petition(Ext.P4). Grievance of the petitioner is to the effect that thedespite pendency of the stay petition, the respondents are takingsteps for effecting recovery of the amount determined under theassessment order at Ext.P2. 3.Learned Standing Counsel appearing for respondentNos.1 to 4 opposed the petition by contending that the petitioner isliable to pay the amount determined under the assessment order. 4.I have considered the submissions so advanced and Iam satisfied that the petition can be disposed of with the followingdirections and it is accordingly ordered:- The 3[rd] respondent is directed to consider and decide the ajt pending stay petition at Ext.P4 in the appeal challenging theassessment order at Ext.P2, within a period of two months fromthe date of communication of this judgment. The petitioner tocooperate with the 3[rd] respondent in expeditious disposal of thestay petition at Ext.P4. Till disposal of Ext.P4 stay petition, therespondents are directed to keep the coercive action taken foreffecting recovery of the amount determined under the assessmentorder Ext.P2 in abeyance. The writ petition is accordingly disposed of. Sd/- A.M.BADARJUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1A TRUE COPY OF THE ACKNOWLEDGMENT WITH RESPECT TO THE FILING OF RETURNS FOR THE ASSESSMENT YEAR 2019-2020.RESPECT TO THE FILING OF RETURNS FOR THE ASSESSMENT YEAR 2019-2020. EXHIBIT P2A TRUE COPY OF THE INTIMATION UNDER SECTION143(1) DATED 23.02.2021 FOR THE ASSESSMENT YEAR 2019-2020.143(1) DATED 23.02.2021 FOR THE ASSESSMENT YEAR 2019-2020. EXHIBIT P3A TRUE COPY OF THE ONLINE APPEAL DATED 01.03.2021 FILED BEFORE THE 3RD RESPONDENT.01.03.2021 FILED BEFORE THE 3RD RESPONDENT. EXHIBIT P4A TRUE COPY OF THE STAY PETITION DATED 28.02.2021 PREFERRED IN EXT.P3 APPEAL.28.02.2021 PREFERRED IN EXT.P3 APPEAL. EXHIBIT P5A TRUE COPY OF THE RESPONSE ACKNOWLEDGMENT NO.03032114340036 ISSUED FROM THE WEBSITE OF THE INCOME TAX DEPARTMENT.NO.03032114340036 ISSUED FROM THE WEBSITE OF THE INCOME TAX DEPARTMENT. EXHIBIT P6 EXHIBIT P2A TRUE COPY OF THE INTIMATION UNDER SECTION143(1) DATED 23.02.2021 FOR THE ASSESSMENT YEAR 2019-2020.143(1) DATED 23.02.2021 FOR THE ASSESSMENT YEAR 2019-2020. EXHIBIT P3A TRUE COPY OF THE ONLINE APPEAL DATED 01.03.2021 FILED BEFORE THE 3RD RESPONDENT.01.03.2021 FILED BEFORE THE 3RD RESPONDENT. EXHIBIT P4A TRUE COPY OF THE STAY PETITION DATED 28.02.2021 PREFERRED IN EXT.P3 APPEAL.28.02.2021 PREFERRED IN EXT.P3 APPEAL. EXHIBIT P5A TRUE COPY OF THE RESPONSE ACKNOWLEDGMENT NO.03032114340036 ISSUED FROM THE WEBSITE OF THE INCOME TAX DEPARTMENT.NO.03032114340036 ISSUED FROM THE WEBSITE OF THE INCOME TAX DEPARTMENT. EXHIBIT P6 A TRUE COPY OF THE RESPONSE ACKNOWLEDGMENT NO.06032114377169 ISSUED FROM THE WEBSITE OF THE INCOME TAX DEPARTMENT.NO.06032114377169 ISSUED FROM THE WEBSITE OF THE INCOME TAX DEPARTMENT. EXHIBIT P7A TRUE COPY OF THE JUDGMENT DATED 19.07.2019 IN W.A.NO.1639 OF 2019.19.07.2019 IN W.A.NO.1639 OF 2019. EXHIBIT P8A TRUE COPY OF THE JUDGMENT DATED 28.02.2020 IN WP(C)NO.6071 OF 2020.28.02.2020 IN WP(C)NO.6071 OF 2020. EXHIBIT P9A TRUE COPY OF THE JUDGMENT DATED 22.02.2021 IN WP(C)NO.4467 OF 2021.22.02.2021 IN WP(C)NO.4467 OF 2021.