Wp(C)/8966/2020 Of Pullukulangara Service Co-Operative Bank Ltd v. The Commissioner Of Income Tax (Appeals)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 30TH DAY OF JULY 2020 / 8TH SRAVANA, 1942 WP(C).No.8966 OF 2020(U) PETITIONER: PULLUKULANGARA SERVICE CO-OPERATIVE BANK LTDNO.2992,KAYAMKULAM P.O., ALAPPUZHA-690 502, REPRESENTED BY ITSSECRETARY,M.Y SAMEENA BY ADV. SRI.V.DEVANANDA NARASIMHAM RESPONDENTS: 1THE COMMISSIONER OF INCOME TAX (APPEALS)PUBLIC LIBRARY BUILDING, SHASTRI ROAD, KOTTAYAM-686 0012THE INCOME TAX OFFICER,WARD -3,A.N.PURM, ALAPPUZHA-688 011 BY GOVT.PLEADER DR.THUSHARA JAMES, BY ADV.SRI.JOSE JOSEPH,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.07.2020,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Against Ext.P2 assessment order under the Income Tax Act(hereinafter referred to as 'the Act'), the petitioner has preferred Ext.P3appeal before the 1[st] respondent. Ext.P4 is the demand notice. It ispointed out by the counsel for the petitioner that the issue involved inthe appeal is the permissibility of a deduction under Section 80P of theAct as applicable to Co-operative Societies. 2. I have heard the learned counsel appearing for the petitionerand also the learned Standing counsel appearing for the Income TaxDepartment. On a consideration of the facts and circumstances of the case asalso the submissions made across the Bar, and taking note of thedecisions of this Court whereby this Court has, in identical matters,directed the appellate authority to consider and pass orders in theappeal, and stayed the recovery proceedings pending disposal of theappeal by the appellate authority, I dispose this Writ Petition by directingthe 1[st] respondent to consider and pass orders on Ext.P3 appeal withinan outer time limit of six months from the date of receipt of a copy of thisjudgment, after hearing the petitioner. It is made clear that recovery steps for recovery of amounts confirmed against the petitioner by Ext.P2assessment order, including further proceedings pursuant to Ext.P4demand notice, shall be kept in abeyance till such time as orders arepassed by the 1[st] respondent as directed, and the order communicatedto the petitioner,. The petitioner shall produce a copy of the writ petitiontogether with a copy of this judgment, before the 1[st] respondent, forfurther action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE mns APPENDIX PETITIONER'S/S EXHIBITS: RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE