IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, 18TH DAY OF DECEMBER 2019/27TH AGRAHAYANA, 1941 W.P(C).No.34700 OF 2019(J) PETITIONER: ARYANAD SERVICE CO-OPERATIVE BANK LTD. AGED 48 YEARS BANK BUILDING, ARYANAD POST, ARYANAD, TRIVANDRUM 695 542. REPRESENTED BY ITS SECRETARY ARUNGHOSH.S. BY ADVS.SRI.S.ARUN RAJ SMT.C.T.SUJA RESPONDENTS: 1 INCOME TAX OFFICER WARD 2 (3), AAYAKAR BHAWAN, 1ST FLOOR, KAWDIAR P.O. TRIVANDRUM 605 003. 2 PRINCIPAL COMMISSIONER OF INCOME TAX, AAYAKR BHAVAN, KOWDIAR, TRIVANDRUM 695 003. 3 INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM 682 037. BY SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2019, COURT ON SAME DAY DELIVERED FOLLOWING: W.P.(C).No.34700/2019 :: 2 :: JUDGMENT Against Ext.P3 rectification order under Income Tax Act, petitioner has preferred Ext.P4 appeal together with Ext.P5 delay condonation petition as also Ext.P6 stay petition before 3rd respondent. It is case of petitioner that even prior to considering stay petition, recovery steps are taken by respondents against petitioner for recovery of amounts confirmed by Ext.P3 rectification order. It is stated by learned counsel for petitioner that issue involved in appeal pertains to dis-allowance of deduction claimed under Section 80P of Income Tax Act. 2. I have heard learned counsel appearing for petitioner and also learned Standing counsel appearing for respondents. On consideration of facts and circumstances of case as also submissions made across Bar and taking note W.P.(C).No.34700/2019 :: 3 :: of fact that in similar matters, this Court has directed Appellate Authority to consider and pass orders in appeal and stayed recovery of disputed amounts pending disposal of appeal. Taking note of fact that delay occassioned in filing appeal before 3rd respondent is only 20 days, I deem it appropriate to condone delay, and dispose this Writ petition with direction to 3rd respondent to consider and pass orders on Ext.P4 appeal within outer time limit of six months from date of receipt of copy of this judgment. Recovery steps for recovery of amounts confirmed against petitioner by Ext.P3 rectification order shall be kept in abeyance till such time as orders are passed by 3rd respondent as directed above and communicated to petitioner. petitioner shall produce copy of writ petition together with copy of this judgment, before 3rd respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE prp/18/12/19 W.P.(C).No.34700/2019 :: 4 :: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 27/12/2016 PASSED BY 1ST RESPONDENT UNDER SECTION 143 (3) OF CT FOR AY 2014-15. EXHIBIT P2 TRUE COPY OF ORDER DATED 5.3.2019 PASSED BY COMMISSIONER OF INCOME TAX (APPEALS), TRIVANDRUM UNDER SECTION 250 OF ACT ALLOWING APPEAL OF PETITIONER FOR AY 2014-15. EXHIBIT P3 TRUE COPY OF ORDER DATED 3.9.2019 PASSED BY COMMISSIONER OF INCOME TAX (APPEALS), TRIVANDRUM U/S. 154 R.W.S. 250 OF ACT FOR AY 2014-15. EXHIBIT P4 TRUE COPY OF APPEAL FILED BY PETITIONER BEFORE 3RD RESPONDENT INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH FOR AY 2014-15. EXHIBIT P5 TRUE COPY OF DELAY CON DONATION PETITION DELAY OF 20 DAYS FILED BY PETITIONER BEFORE 3RD RESPONDENT. EXHIBIT P6 TRUE COPY OF STAY PETITION FILED BY PETITIONER BEFORE 3RD RESPONDENT FOR AY 2014-15 EXHIBIT P7 TRUE COPY OF JUDGMENT DATED 4.12.2019 PASSED BY THIS HONOURABLE COURT IN WPC NO. 27295 OF 2019 IN CASE OF PACS PERTAINING TO DIS ALLOWANCE UNDER SECTION 80 P. RESPONDENTS EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE W.P.(C).No.34700/2019 :: 5 :: Aryanad Service Co-Operative Bank Ltd. v. Income-tax Officer, Ward-2(3), Trivandrum / Principal Commissioner of Income-tax, Triavndrum / Income-tax Appellate Tribunal, Ernakulam