The Alanallur Service Co-Operative Bank Ltd. v. The Income-tax Officer, Ward 4, Palakkad/The Commissioner of Income-tax (Appeals), Thrissur - 2020-LL-0313-77

Citation	2020-LL-0313-77
Appellant Name	The Alanallur Service Co-Operative Bank Ltd.
Respondent Name	The Income-tax Officer, Ward 4, Palakkad/The Commissioner of Income-tax (Appeals), Thrissur
Court	HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act	Income-tax
Date of Order	13/03/2020
Assessment Year	2014-15
Judgment	View Judgment
Keyword Tags	stay petition • recovery proceeding
Bot Summary:	No. 5498 of 2020 Dated this the 13th day of March, 2020 JUDGMENT The petitioner, a Primary Agricultural Credit Society, had filed appeal against Exhibit P1 assessment order for the year 2014-2015. By Exhibit P2 order, the Commissioner of Income Tax dismissed the appeal, rejecting the petitioner's claim for deduction under Section 80P of the Income Tax Act. Aggrieved, the petitioner has preferred Exhibit P3 appeal before the Income Tax Appellate Authority. Along with the appeal, the petitioner has preferred Exhibit P4 stay petition also. The prayer in this writ petition is for expeditious consideration of either the appeal or the stay petition and to defer the recovery steps pursuant to Exhibit P1 assessment order, till a decision is rendered on either the appeal or the stay petition. Considering the limited relief sought, the writ petition is disposed of directing the 3rd respondent Tribunal to consider Exhibit P3 appeal as expeditiously as possible. 5498/2020 3 appeal, recovery proceedings based on Exhibit P1 assessment order shall be kept in abeyance.

IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941 WP(C).No.5498 OF 2020(J) PETITIONER/S: ALANALLUR SERVICE CO-OPERATIVE BANK LTD. NO.F 1178 ALANALLUR, MANNARKKAD, PALAKKAD-678 601, REPRESENTED BY ITS SECRETARY, SREENIVASAN P., AGED 47, S/O. SANKARAN. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENT/S: 1 INCOME TAX OFFICER WARD 4, AYAKAR BHAVAN, PALAKKAD-678 014. 2 COMMISSIONER OF INCOME TAX (APPEALS) SAKTHAN NAGAR, THRISSUR-680 021. OTHER PRESENT: SC SRI.JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).5498/2020 2 V.G.ARUN, J. W.P(C).No. 5498 of 2020 Dated this 13th day of March, 2020 JUDGMENT petitioner, Primary Agricultural Credit Society, had filed appeal against Exhibit P1 assessment order for year 2014-2015. By Exhibit P2 order, Commissioner of Income Tax (Appeals) dismissed appeal, rejecting petitioner's claim for deduction under Section 80P of Income Tax Act. Aggrieved, petitioner has preferred Exhibit P3 appeal before Income Tax Appellate Authority. Along with appeal, petitioner has preferred Exhibit P4 stay petition also. prayer in this writ petition is for expeditious consideration of either appeal or stay petition and to defer recovery steps pursuant to Exhibit P1 assessment order, till decision is rendered on either appeal or stay petition. 2. Heard learned Standing for Income Tax Department also. 3. Considering limited relief sought, writ petition is disposed of directing 3rd respondent Tribunal to consider Exhibit P3 appeal as expeditiously as possible. Till final orders are passed in WP(C).5498/2020 3 appeal, recovery proceedings based on Exhibit P1 assessment order shall be kept in abeyance. Sd/- V.G.ARUN, JUDGE vgs WP(C).5498/2020 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY IST RESPONDENT FOR YEAR 2014-15 ATED 19.12.2016. EXHIBIT P2 COPY OF APPELLATE ORDER ISSUED BY IST RESPONDENT FOR YEAR 2014-15 DATED 10.12.2019. EXHIBIT P3 COPY OF APPEAL FILED BY PETITIONER BEFORE 3RD RESPONDENT 2014-15 DATED 3.2.2020. EXHIBIT P4 COPY OF STAY PETITION FILED BY PETITIONER BEFORE 2ND RESPONDENT DATED 3.2.2020. Alanallur Service Co-Operative Bank Ltd. v. Income-tax Officer, Ward 4, Palakkad/The Commissioner of Income-tax (Appeals), Thrissur

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