IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, 16TH DAY OF OCTOBER 2019 / 24TH ASWINA, 1941 WP(C).No.27560 OF 2019 PETITIONER: KUNNAMKULAM CO-OPERATIVE URBAN BANK LTD NO.698,KUNNAMKULAM, THRISSUR-680503 REPRESENTED BY ITS SECRRETARY BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: 1 COMMISSIONER OF INCOME TAX APPEALS AAYAKAR BHAVAN,SHAKTAN NAGAR, THRISSUR -680001 2 PRINCIPAL COMMISSIONER OF INCOME TAX AAYAKAR BHAVAN,SHAKTAN NAGAR, THRISSUR -680001 3. INCOME TAX OFFICER, WARD I, GURUVAYOOR-680101 BY ADV.SRI.JOSE JOSEPH,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.10.2019, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.27560 OF 2019 2 JUDGMENT Aggrieved by Ext.P1 assessment order under Income Tax Act for assessment year 2010-2011, petitioner has preferred Ext.P3 appeal before Commissioner of Income Tax Appeals. He has also moved Ext.P5 application for stay before 3 rd respondent in terms of Section 220(6) of Income Tax Act. limited prayer of petitioner is for direction to 1 st respondent, before whom Ext.P3 appeal is pending, to consider and pass orders on same expeditiously, after hearing him and to keep in abeyance recovery steps for recovery of amounts confirmed against petitioner by Ext.P1 assessment order. 2. I have heard Sri.P.C.Sasidharan, learned counsel appearing for petitioner and also Sri.Jose Joseph, learned Standing counsel appearing for Income Tax Department. On consideration of facts and circumstances of case as also submissions made across bar, I find that main issue in appeal pertains to claim for deduction under Section 80P of Income Tax Act. In view of decision of Division Bench of this Court where, under similar circumstances, appellate authorities were directed to consider appeals preferred by assessee, and stay was granted against recovery proceedings in interregnum, I deem it WP(C).No.27560 OF 2019 3 appropriate to dispose writ petition with following directions: 1. 1st respondent, before whom Ext.P3 appeal preferred by petitioner against Ext.P1 assessment order is pending, shall consider and pass orders in appeal expeditiously and at any rate within period of six months from date of receipt of copy of this judgment, after hearing petitioner. 2. Recovery steps for recovery of amounts confirmed against petitioner by Ext.P1 assessment order, including further proceedings pursuant to Ext.P2 and P4 notices, shall be kept in abeyance till such time as orders are passed by 1st respondent as directed above and order communicated to petitioner. 3. petitioner shall produce copy of writ petition together with copy of this judgment, before 1st respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE mns WP(C).No.27560 OF 2019 4 APPENDIX PETITIONERS EXHIBITS EXHIBIT -P1 TRUE COPY OF ASSESSMENT ORDER DATED 30.11.2018 EXHIBIT P2- TRUE COPY OF DEMAND NOTICE DATED 30.11.2018 EXHIBIT P3- TRUE COPY OF MEMORANDUM OF APPEAL PREFERRED BEFORE COMMISSIONER OF INCOME TAX APPEALS DATED 13.092019 EXHIBIT P4:TRUE COPY OF NOTICE DATED 14.10.2019 EXHIBIT P5: TRUE COPY OF STAY PETITION DATED 15.10.2019 EXHIBIT P6:TRUE COPY OF JUDGMENT IN WP(C).NO.25262/2016 EXHIBIT P7: TRUE COPY OF RELEVANT PORTION OF AUDITED BALANCE SHEET RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE Kunnamkulam Co-Operative Urban Bank Ltd. v. Commissioner of Income-tax Appeals, Thrissur / Principal Commissioner of Income-tax, Thrissur/ Income-tax Officer, Ward I, Guruvayoor