Vadayar Service Co-Operative Bank Ltd. v. Income-tax Officer, Ward-5, Kottayam / The Commissioner of Income-tax (Appeals), Kottayam / Income-tax Appellate Tribunal, Kochi
[Citation -2019-LL-1213-12]
| Citation | 2019-LL-1213-12 |
|---|---|
| Appellant Name | Vadayar Service Co-Operative Bank Ltd. |
| Respondent Name | Income-tax Officer, Ward-5, Kottayam / The Commissioner of Income-tax (Appeals), Kottayam / Income-tax Appellate Tribunal, Kochi |
| Court | HIGH COURT OF KERALA AT ERNAKULAM |
| Relevant Act | Income-tax |
| Date of Order | 13/12/2019 |
| Assessment Year | 2011-12 |
| Judgment | View Judgment |
| Keyword Tags | statutory appeal • assessment order • stay petition • demand notice • time limit • disallowance of deduction |
| Bot Summary: | No.34205 OF 2019(A) 2 JUDGMENT Against Ext.P3 rectified order under the Income Tax Act, the petitioner has preferred Ext.P4 appeal together with Ext.P5 stay petition before the 3 rd respondent. It is the case of the petitioner that even prior to considering the stay petition, recovery steps are taken by the respondents against the petitioner for recovery of the amounts confirmed by Ext.P3 rectified order. It is stated by the learned counsel for the petitioner that the issue involved in the appeal pertains to dis-allowance of deduction claimed under Section 80P of the Income Tax Act. I have heard the learned counsel appearing for the petitioner and also the learned Standing Counsel appearing for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar and taking note of the fact that in similar matters, this Court has directed the Appellate Authority to consider and pass orders in the appeal and stayed the recovery of disputed amounts pending disposal of the appeal, this Writ petition is disposed directing the 3 rd respondent to consider and pass orders on Ext.P4 appeal within an outer time limit of six months. Recovery steps pursuant to Ext.P3 order for recovery of amounts confirmed against the petitioner shall be kept in abeyance till such time as orders are passed by the 3 rd respondent as directed above and communicated to the petitioner. The petitioner shall produce a copy of this judgment together with a copy of the writ petition before the 3 rd respondent for further action. |