The Porkulam Service Co-Operative Bank Ltd. v. The Commissioner of Income-tax, Ernakulam / The Income-tax Officer, Ward-2, Thrissur - 2017-LL-0711-19

Citation	2017-LL-0711-19
Appellant Name	The Porkulam Service Co-Operative Bank Ltd.
Respondent Name	The Commissioner of Income-tax, Ernakulam / The Income-tax Officer, Ward-2, Thrissur
Court	HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act	Income-tax
Date of Order	11/07/2017
Judgment	View Judgment
Keyword Tags	principles of natural justice • co-operative bank • admissibility of deduction
Bot Summary:	RESPONDENT(S)' EXHIBITS: NIL /TRUE COPY/ P.A.TO JUDGE sts A.K.JAYASANKARAN NAMBIAR, J. W.P.(C) No.22916 of 2017 Dated this the 11th day of July, 2017 JUDGMENT The petitioner has approached this Court aggrieved by Ext.P2 order of assessment, under the Income Tax Act. In the writ petition, it is the case of the petitioner that the petitioner is entitled to a deduction in terms of Section 80 P of the Income Tax Act, and therefore, there could not have been a confirmation of any demand against the petitioner. I have heard the learned counsel for the petitioner and the learned Standing Counsel for the Income Tax Department. On a consideration of the facts and circumstances of the case and the submissions made across the bar, I note from Ext.P2 order of assessment that, in the said order, the assessing authority takes note of the pendency of a Special Leave Petition filed by the Department, against the judgment of this Court in favour of the petitioner, on the issue of entitlement for deduction under Section 80P of the Income Tax Act, and makes it clear that the demand confirmed against the petitioner will not be enforced until disposal of the Special Leave Petition by the Supreme Court. No.22916 of 2017 :2: proceedings initiated against the petitioner pursuant to the assessment order, I dispose the writ petition, leaving it open to the petitioner to approach the appellate authority under the Income Tax Act, in its challenge against Ext.P2 assessment order. I also find that Ext.P2 order does not suffer from any jurisdictional defect nor is it one that is passed in violation of the principles of natural justice, so as to interfere with the same in these proceedings under Article 226 of the Constitution of India. Accordingly, without prejudice to the rights of the petitioner to approach the appellate authority under the Income Tax Act, the writ petition in its challenge against Ext.P2 assessment order is dismissed.

IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT: HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, 11TH DAY OF JULY 2017/20TH ASHADHA, 1939 WP(C).No. 22916 of 2017 (L) PETITIONER : PORKULAM SERVICE CO-OPERATIVE BANK LTD. NO:267, REPRESENTED BY ITS SECRETARY, PORKULAM.P.O, PANZHANJI,TRICHUR DISTRICT,PIN-680 542. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): 1. COMMISSIONER OF INCOME TAX DEPARTMENT, INCOME TAX BUILDING,ERNAKULAM. 2. INCOME TAX OFFICER, WARD-2, CITY PLAZA, WEST NADA GURUVAYUR, THRISSUR DISTRICT-680 101. R1 & R2 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-07-2017, COURT ON SAME DAY DELIVERED FOLLOWING: sts WP(C).No. 22916 of 2017 (L) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 PHOTOCOPY OF NOTICE DATED 16.12.2016 EXHIBIT P2 PHOTOCOPY OF NOTICE DATED 22.12.2016 EXHIBIT P3 PHOTOCOPY OF LETTER ISSUED BY PETITIONER DATED 05.01.2017. RESPONDENT(S)' EXHIBITS: NIL /TRUE COPY/ P.A.TO JUDGE sts A.K.JAYASANKARAN NAMBIAR, J. W.P.(C) No.22916 of 2017 Dated this 11th day of July, 2017 JUDGMENT petitioner has approached this Court aggrieved by Ext.P2 order of assessment, under Income Tax Act. In writ petition, it is case of petitioner that petitioner is entitled to deduction in terms of Section 80 P of Income Tax Act, and therefore, there could not have been confirmation of any demand against petitioner. 2. I have heard learned counsel for petitioner and learned Standing Counsel for Income Tax Department. 3. On consideration of facts and circumstances of case and submissions made across bar, I note from Ext.P2 order of assessment that, in said order, assessing authority takes note of pendency of Special Leave Petition filed by Department, against judgment of this Court in favour of petitioner, on issue of entitlement for deduction under Section 80P of Income Tax Act, and makes it clear that demand confirmed against petitioner will not be enforced until disposal of Special Leave Petition by Supreme Court. Taking note of said fact, and finding that there will not be any recovery W.P.(c).No.22916 of 2017 :2: proceedings initiated against petitioner pursuant to assessment order, I dispose writ petition, leaving it open to petitioner to approach appellate authority under Income Tax Act, in its challenge against Ext.P2 assessment order. I also find that Ext.P2 order does not suffer from any jurisdictional defect nor is it one that is passed in violation of principles of natural justice, so as to interfere with same in these proceedings under Article 226 of Constitution of India. Accordingly, without prejudice to rights of petitioner to approach appellate authority under Income Tax Act, writ petition in its challenge against Ext.P2 assessment order is dismissed. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE sm/ Porkulam Service Co-Operative Bank Ltd. v. Commissioner of Income-tax, Ernakulam / Income-tax Officer, Ward-2, Thrissur

Metadata

Judgment