Wp(C)/9085/2020 Of The Valapad Service Co-Operative Bank v. The Commissioner Of Income Tax(Appeals)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 23RD DAY OF MARCH 2020 / 3RD CHAITHRA, 1942 WP(C).No.9085 OF 2020 PETITIONER/S: THE VALAPAD SERVICE CO-OPERATIVE BANKLTD, NO.F.207, VALAPAD, THRISSUR - 680567, REPRESENTED BY ITS SECRETARY BY ADV. SRI.P.C.SASIDHARAN RESPONDENT/S: 1THE COMMISSIONER OF INCOME TAX(APPEALS)AAYAKAR BHAVAN, S.T. NAGAR, THRISSUR-680001. 2THE INCOME TAX OFFICER, WARD 2(5), THRISSUR, OFFICE OF THE INCOME TAX OFFICER, SHAKTHANTHAMPURAN NAGAR, THRISSUR-680001. OTHER PRESENT: SRI.JOSE JOSEPH, SC, IT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON23.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The writ petition is against the recovery initiatedwhile appeals are pending. The issue is also with respectto the coverage of the petitioner under Section 80P of theIncome Tax Act, 1961, which has to be adjudicated on thebasis of the Full Bench decision in Mavilayil ServiceCo-operative Bank Limitedv. Commissioner of Income Tax,Calicut[2019 (2) KHC 287 (FB)]. 2. In the present case, the demand is with respect toassessment years 2014-2015, 2016-2017 and 2017-2018.Exhibits P3, P8 and P13 appeals and Exhibits P5, P10 andP15 stay petitions are pending before the first appellateauthority. In the circumstance of the case, I am of theopinion that there shall be a stay of recovery till theappeals are disposed of. The writ petition is disposed of with the abovedirection, without any observation on the merits of thematter. Sd/- K.VINOD CHANDRAN APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 20.12.2016 ALONG WITH THE COMPUTATION SHEET. EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE DATED 20.12.2016.20.12.2016. EXHIBIT P3TRUE COPY OF THE APPEAL DATED 27.1.2017.EXHIBIT P4TRUE COPY OF THE ORDER DATED 30.03.2017.EXHIBIT P5TRUE COPY OF THE STAY PETITION DATED 4.7.2017.EXHIBIT P4TRUE COPY OF THE ORDER DATED 30.03.2017.EXHIBIT P5TRUE COPY OF THE STAY PETITION DATED 4.7.2017. EXHIBIT P6TRUE COPY OF THE ASSESSMENT ORDER DATED 14.12.2018 ALONG WITH COMPUTATION SHEET.14.12.2018 ALONG WITH COMPUTATION SHEET. EXHIBIT P7 TRUE COPY OF THE DEMAND NOTICE DATED 14.12.2018.14.12.2018. EXHIBIT P8EXHIBIT P9EXHIBIT P10EXHIBIT P9EXHIBIT P10 TRUE COPY OF THE APPEAL DATED 18.01.2019.TRUE COPY OF THE ORDER DATED 11.2.2019.TRUE COPY OF THE STAY PETITION DATED 19.2.2019.TRUE COPY OF THE ORDER DATED 11.2.2019.TRUE COPY OF THE STAY PETITION DATED 19.2.2019. EXHIBIT P11 TRUE COPY OF THE ASSESSMENT ORDER DATED 13.11.2019 ALONG WITH COMPUTATION SHEET.TRUE COPY OF THE DEMAND NOTICE DATED 13.11.2019.13.11.2019 ALONG WITH COMPUTATION SHEET.TRUE COPY OF THE DEMAND NOTICE DATED 13.11.2019. EXHIBIT P12 EXHIBIT P13EXHIBIT P14EXHIBIT P15 TRUE COPY OF THE APPEAL DATED 28.11.2019.TRUE COPY OF THE ORDER DATED 17.1.2020TRUE COPY OF THE STAY PETITION DATED 24.1.2020.TRUE COPY OF THE ORDER DATED 17.1.2020TRUE COPY OF THE STAY PETITION DATED 24.1.2020. EXHIBIT P16 TRUE COPY OF THE JUDGMENT DATED 1.7.2019 INWA NO.1536 OF 2019.WA NO.1536 OF 2019.