Wp(C)/8791/2020 Of The Asthmichira Service Co-Operative Bank Limited v. The Commissioner Of Income Tax (Appeals)

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENTTHE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 21ST DAY OF APRIL 2020 / 1ST VAISAKHA, 1942 WP(C) NO. 8791 OF 2020 Petitioner :- The Asthmichira Service Co-operative BankLimited No. 325, Asthamichira P.O., Astamichira,Thrissur District, Represented by its Secretary. By Adv. Sri. O.D. Sivadas -Respondents: 1.The Commissioner of Income Tax (Appeals),Ayakar Bhavan, Shaktan Nagar, Thrissur Pin 680 001.Ayakar Bhavan, Shaktan Nagar, Thrissur Pin 680 001. 2.The Income Tax Officer, Ward 2 (1),Shaktan Nagar, Thrissur Pin 680 001. By Standing Counsel Sri. Christopher Abraham, Income Tax This writ petition having come up for admission on 21.04.2020, the court onthe same day delivered the following. J U D G M E N T~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 21[st] day of April, 2020 Standing Counsel for Income Tax takes notice forrespondents 1 and 2. 2.Petitioner is an income tax assessee. The assessment year in question is 2013-'14. By Ext.P1, the 2[nd]respondent disallowed petitioner's claim for deduction underSection 80-P of the Income Tax Act and demanded₹36,59,360/- as tax. The petitioner filed Ext.P2 appealcontending that reasoning given in Ext.P1 is untenable.Pending the appeal, the 2[nd] respondent initiated coerciveproceedings. 3.Heard learned counsel for the petitioner andlearned Standing Counsel for Income Tax. 4.If the 2[nd] respondent proceeds with coercive steps pending consideration of statutory appeal, the WPC.8791/2020 statutory remedy available to the petitioner will be negatedand the petitioner is likely to be put to difficulties. In the circumstances, the writ petition is disposed of directing the respondents not to proceed with coercivesteps against the petitioner pending disposal of Ext.P2appeal. Ext.P2 appeal shall be considered and disposed ofby the 1[st] respondent within a period of six months. Sd/-N. NAGARESH, JUDGE aks/21.04.2020 WPC.8791/2020 : 4 : Appendix Exhibit P1Copy of the assessment order dated 29.12.2016 issued by the 2[nd] respondent for the period 2013-14by the 2[nd] respondent for the period 2013-14 Exhibit P2Copy of the appeal filed by the petitioner before the 1[st]respondent for the period 2013-14.respondent for the period 2013-14.