The Kechery Service Co-Operative Bank Ltd. v. The Income-tax Officer, Ward 1 and TPS, Guruvayur / The Commissioner of Income-tax (Appeals), Thrissur
[Citation -2019-LL-1220-81]
| Citation | 2019-LL-1220-81 |
|---|---|
| Appellant Name | The Kechery Service Co-Operative Bank Ltd. |
| Respondent Name | The Income-tax Officer, Ward 1 and TPS, Guruvayur / The Commissioner of Income-tax (Appeals), Thrissur |
| Court | HIGH COURT OF KERALA AT ERNAKULAM |
| Relevant Act | Income-tax |
| Date of Order | 20/12/2019 |
| Assessment Year | 2010-11 |
| Judgment | View Judgment |
| Keyword Tags | stay of recovery • disputed amount • stay petition |
| Bot Summary: | No.35532 of 2019 2 JUDGMENT Against Ext.P1 assessment order under the Income Tax Act, the petitioner has preferred Ext.P2 appeal together with Ext.P3 stay petition before the 2nd respondent. The 2nd respondent by Ext.P4 order passed a conditional order of stay in the stay application directing the petitioner to deposit 20 of the disputed amount as a condition for grant of stay of recovery of the balance amount pending disposal of the appeal. It is submitted by the learned counsel for the petitioner that the issue involved in the appeal is the deduction allowable under Section 80P of the Income Tax Act, and in similar cases, this Court has directed the Appellate Authority to consider and pass orders in the appeal without insisting on the deposit of any disputed amount as a condition for grant of stay of recovery of the assessed amount pending disposal of the appeal. 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 W.P(C). No.35532 of 2019 3 disposed by quashing Ext.P4 conditional order, and directing the 2 nd respondent to consider and pass orders on Ext.P2 appeal within an outer time limit of six months from the date of receipt of a copy of this judgment, after hearing the petitioner. It is made clear that recovery steps for recovery of amounts confirmed against the petitioner by Ext.P1 assessment order shall be kept in abeyance till such time as orders are passed by the 2nd respondent as directed above and communicated to the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 2 nd respondent, for further action. |