Wp(C)/8807/2020 Of Kunnukara Service Co-Operative Bank Limited v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENTTHE HONOURABLE MR.JUSTICE N.NAGARESHFRIDAY, THE 24TH DAY OF APRIL 2020 / 4TH VAISAKHA, 1942 WP(C) NO. 8807 OF 2020 Petitioner:- Kunnukara Service Co-operative Bank Limited No.827, Kunnukara P.O, Ernakulam District, Pin-683578represented by its Secretary . By Adv. Sri.C. A. JOJO. Respondents: 1.The Income Tax Officer, Ward-3,Aluva P.O, R.S Road, Pin- 683101Aluva P.O, R.S Road, Pin- 683101 2.The Commissioner of Income Tax (Appeals)-II,Office of the Commissioner of Income Tax (Appeals), P Nagar, Kochi-682 036Office of the Commissioner of Income Tax (Appeals), P Nagar, Kochi-682 036 By Standing Counsel Sri. Christopher Abraham, Income Tax This writ petition having come up for admission on 24.04.2020, the court on the same day passed the following: JUDGMENT ~ ~ ~ ~ ~ ~ Dated this the 24[th] day of April, 2020 Standing Counsel for Income Tax takes notice forrespondents 1 and 2. 2.Petitioner is an income tax assessee. Theassessment years in question are 2011-'12, 2014-'15 and2015-'16. By Ext.P1, the 1[st] respondent disallowedpetitioner's claim for deduction under Section 80-P of theIncome Tax Act and demanded ₹32,52,018/- as tax. ByExt.P2, the 1[st] respondent disallowed petitioner's claim fordeduction under Section 80-P of the Income Tax Act anddemanded ₹30,11,950/- as tax. By Ext.P3, the 1[st]respondent disallowed petitioner's claim for deduction underSection 80-P of the Income Tax Act and demanded₹82,33,900/- as tax. The petitioner filed appeals contendingthat reasoning given in Exts.P1, P2 and P3 is untenable.The appeals were dismissed as per Exts.P4 to P6. Thepetitioner thereupon filed petitions for rectification invoking WPC.8807/2020 : 3 : Section 154 of the Income Tax Act. Pending the petitions for rectification of mistakes, the 1[st] respondent initiatedcoercive proceedings as per Exts.P10 to P12. 3.learned Standing Counsel for Income Tax. Heard learned counsel for the petitioner and 4. If the respondents proceed with coercive steps pending consideration of the petitions for rectification, thestatutory remedy available to the petitioner under Section154 will be negated and the petitioner is likely to be put todifficulties. In the circumstances, the writ petition is disposed of directing the respondents not to proceed with coercivesteps against the petitioner pending disposal of Exts.P7 toP9 petitions for rectification of mistakes. Exts.P7 to P9shallbe considered and disposed of by the 2[nd] respondent withina period of six months. Sd/- N. NAGARESH, JUDGE aks/24.04.2020 WPC.8807/2020 : 4 : Petitioner’s Exhibits: Appendix Exhibit-P1: A true copy of the assessment order for AY 2011-12 dated 27-12-2017 issued by the first respondentdated 27-12-2017 issued by the first respondent Exhibit P2:A true copy of the assessment order for AY 2014-15 dated 16-12-2016 issued by the first respondent.dated 16-12-2016 issued by the first respondent. Exhibit P3.A true copy of the assessment order for AY 2015-16 dated 22-12-2017 issued by the first respondent.dated 22-12-2017 issued by the first respondent. Exhibit P4. A true copy of the appellate order for AY 2011-12 issued by the 2nd respondent dated 10.12.2019by the 2nd respondent dated 10.12.2019 Exhibit P5. A true copy of the appellate order for AY 2014-15 issued by the 2nd respondent dated 10.12.2019by the 2nd respondent dated 10.12.2019 Exhibit P6:A true copy of the appellate order for AY 2015-16 issued by the 2nd respondent dated 10.12.2019by the 2nd respondent dated 10.12.2019 Exhibit P7:A true copy of the petition for Rectification of Mistake before the 2nd respondent dated 02.03.2020 forAY 2011-12before the 2nd respondent dated 02.03.2020 forAY 2011-12 Exhibit P8:A true copy of the petition for Rectification of Mistake before the 2nd respondent dated 02.03.2020 forAY 2014-15before the 2nd respondent dated 02.03.2020 forAY 2014-15 Exhibit P4. A true copy of the appellate order for AY 2011-12 issued by the 2nd respondent dated 10.12.2019by the 2nd respondent dated 10.12.2019 Exhibit P5. A true copy of the appellate order for AY 2014-15 issued by the 2nd respondent dated 10.12.2019by the 2nd respondent dated 10.12.2019 Exhibit P6:A true copy of the appellate order for AY 2015-16 issued by the 2nd respondent dated 10.12.2019by the 2nd respondent dated 10.12.2019 Exhibit P7:A true copy of the petition for Rectification of Mistake before the 2nd respondent dated 02.03.2020 forAY 2011-12before the 2nd respondent dated 02.03.2020 forAY 2011-12 Exhibit P8:A true copy of the petition for Rectification of Mistake before the 2nd respondent dated 02.03.2020 forAY 2014-15before the 2nd respondent dated 02.03.2020 forAY 2014-15 Exhibit P9:A true copy of the petition for Rectification of Mistake before the 2nd respondent dated 02.03.2020 forAY 2015-16before the 2nd respondent dated 02.03.2020 forAY 2015-16Exhibit P10:A true copy of the letter of demand issued by the 1st respondent dated 11.03.2020 for AY 2011-12respondent dated 11.03.2020 for AY 2011-12 Exhibit P11:A true copy of the letter of demand issued by the 1st respondent dated 11.03.2020 for AY 2014-15respondent dated 11.03.2020 for AY 2014-15 Exhibit P12:A true copy of the letter of demand issued by the 1st respondent dated 11.03.2020 for AY 2015-16respondent dated 11.03.2020 for AY 2015-16 Exhibit P13:A true copy of the Judgment in WP(C) No.4115 of 2020 dated 13.02.2020dated 13.02.2020 Exhibit P14:A true copy of the Judgment in WP(C) No.601 of 2020 dated 22.01.2020