Wp(C)/8950/2021 Of Keechery Service Co-Operative Bank Limited v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.M.BADAR THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943WP(C).No.8950 OF 2021(P) PETITIONER: KEECHERY SERVICE CO-OPERATIVE BANK LIMITED NO.668,APXII/135, KULAYATTIKKARA, KANJIRAMATTOM, ERNAKULAM, PIN 682 317, REP.BY ITS SECRETARY SRI. REJISON JOHN. BY ADVS.SRI.K.S.HARIHARAN NAIRSMT.G.REMADEVISHRI.RAJATH R NATHSMT.HARIMA HARIHARAN RESPONDENTS: R1-3 BY SRI. CHRISTOPHER ABRAHAM, STANDING COUNSEL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 08th day of April 2021 Heard the learned counsel for thepetitioner. The learned Standing Counsel takesnotice for the respondents. 2.According to the petitioner, the respondenthas denied benefit of deduction under Section 80P ofthe Income Tax Act to the petitioner and thepetitioner has challenged the Assessment Order byfiling an appeal, Exhibit P2 with stay applicationExhibit P3 before the 3[rd] respondent. However,during pendency of the appeal and stay petition, the2[nd] respondent is insisting for effecting recovery inpursuant to the amount determined by the assessmentorder at Exhibit P1. 3.The learned Standing Counsel appearing forthe respondents submits that the petitioner is notentitled to the benefit of deduction under Section80P of the Income Tax Act as the return was notfiled in due date. He however submits that as thestay petition is pending before the appellate authority, appropriate orders can be passed for deferring the recovery proceedings till disposal ofthe stay petition. In this view of the matter, as the stay petition Exhibit P3 is pending for adjudicationbefore the 3[rd] respondent, the petition is disposedof with a direction to the 3[rd] respondent to decidethe pending stay petition Exhibit P3 within a periodof three months from today by following due processof law. Till disposal of the stay petition, ExhibitP3 by the 3[rd] respondent, the respondents are directed to defer recovery proceedings initiated inpursuant to the assessment order at Exhibit P1. The petition, is disposed of as above. SSK/08/04 Sd/-JUDGE A.M.BADAR APPENDIX PETITIONER'S EXHIBITS: COPY OF ASSESSMENT ORDER DATED 12.3.2021EXHIBIT P1ISSUED BY THE 2ND RESPONDENT FOR THEASSESSMENT YEAR 2018-19 COPY OF APPEAL MEMORANDUM DATED 30.3.2021EXHIBIT P2AGAINST EXT. P1 COPY OF THE STAY PETITION FILED BY THEEXHIBIT P3PETITIONER BEFORE THE 3RD RESPONDENT DATED30.3.2021 IN EXT. P1 APPEAL. RESPONDENT'S EXHIBITS:NIL SSK //TRUE COPY// PA TO JUDGE