Wp(C)/9089/2020 Of Bharanikavu Service Co-Operative Bank Ltd.829 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 06TH DAY OF AUGUST 2020 / 15TH SRAVANA, 1942 WP(C).No.9089 OF 2020(I) PETITIONER/S: BHARANIKAVU SERVICE CO-OPERATIVE BANK LTD.829BHARANIKAVU PALLICKAL, MAVELIKARA, ALAPPUZHA-690 503 REPRESENTED BY ITS SECRETARY, K.S. JAYAPRAKASH. BY ADV. SRI.V.DEVANANDA NARASIMHAM RESPONDENT/S: 1THE COMMISSIONER OF INCOME TAX (APPEALS)PUBLIC LIBRARY BUILDING, SHASTRI ROAD, KOTTAYAM-686 001.2THE INCOME TAX OFFICERWARD-1 AND TPS, THIRUVALLA RANGE, T.K. ROAD, THIRUVALLA-689 101. OTHER PRESENT: SC: JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON06.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 JUDGMENT Against Ext.P2 assessment order under the Income Tax Act, the petitioner haspreferred Ext.P3 appeal before the 1st respondent. It is the case of the petitionerthat even prior to considering the stay petition, recovery steps are taken by therespondents against the petitioner for recovery of the amounts confirmed byExt.P2 assessment order. It is stated by the learned counsel for the petitioner thatthe issue involved in the appeal pertains to dis-allowance of deduction claimedunder Section 80P of the Income Tax Act. 2. I have heard the learned counsel appearing for the petitioner and also thelearned Standing counsel appearing for the respondents. On a consideration of the facts and circumstances of the case as also thesubmissions made across the Bar and taking note of the fact that in similarmatters, this Court has directed the Appellate Authority to consider and passorders in the appeal and stayed the recovery of disputed amounts pending disposalof the appeal, this Writ petition is disposed directing the 1st respondent toconsider and pass orders on Ext.P3 appeal within an outer time limit of six months.Recovery steps for recovery of amounts confirmed against the petitioner shall bekept in abeyance till such time as orders are passed by the 1st respondent asdirected above and the order communicated to the petitioner. Sd/- A.K.JAYASANKARAN NAMBIARJUDGE 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1TRUE COPY OF THE ACKNOWLEDGMENT GENERATED THROUGH INCOME TAX PORTAL ELECTRONICALLY ON29.9.19 OF INCOME TAX RETURN FILED FOR THE AY 2017-18 BY THE PETITIONER. EXHIBIT P2TRUE COPY OF THE ASSESSMENT ORDER PASSED BYTHE 2ND RESPONDENT ON 29.12.19 FOR THE AY 2017-18 U/S. 144 OF THE INCOME TAX ACT, 1961 FIXING TAXABLE INCOME OF RS.1,57,70,700/- EXHIBIT P3TRUE COPY OF ONLINE APPEAL FILED U/S. 246A OF THE INCOME TAX ACT ON 23.1.2020 AGAINST EXBT-P2 ASSESSMENT ORDER FOR THE AY 2017-18BEFORE THE IST RESPONDENT. EXHIBIT P4TRUE COPY OF THE DEMAND NOTICE DATED 22.12.19 ISSUED BY 2ND RESPONDENT DEMANDINGASSESSED INCOME TAX FOR THE AY 2017-18 TO THE PETITIONER.