The Mankara Service Co-Operative Bank Ltd. v. The Income-tax Officer, Ward 1 and Tps, Palakkad / The Commissioner of Income-tax (Appeals) Thrissur / The Income-tax Appellate Tribunal, Kochi
[Citation -2020-LL-0323-8]

Citation 2020-LL-0323-8
Appellant Name The Mankara Service Co-Operative Bank Ltd.
Respondent Name The Income-tax Officer, Ward 1 and Tps, Palakkad / The Commissioner of Income-tax (Appeals) Thrissur / The Income-tax Appellate Tribunal, Kochi
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 23/03/2020
Assessment Year 2016-17
Judgment View Judgment
Keyword Tags stay of recovery • stay petition
Bot Summary: No.9163 of 2020 - 4 - connected cases K. Vinod Chandran, J. ------------------- W.P(C) No.9163, 9178 and 9179 of 2020 ------------------- Dated this the 23rd day of March, 2020 JUDGMENT These writ petitions are against the recovery initiated while appeals are pending. The issue is also with respect to the coverage of the petitioner under Section 80P of the Income Tax Act, 1961, which has to be adjudicated on the basis of the Full Bench decision in Mavilayil Service Co- operative Bank Limited v. Commissioner of Income Tax, Calicut 2019 KHC 287. In the present case, the demand is with respect to assessment years 2016-17, 2010-11 and 2015-16. Exhibit P3 second appeal along with Exhibit P4 stay petition in the respective writ petitions are pending before the Tribunal. In the circumstance of the case, I am of the opinion that there shall be a stay of recovery till the appeals are disposed of. The writ petitions are disposed of with the above direction, without any observation on the merits of the matter.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, 23RD DAY OF MARCH 2020 / 3RD CHAITHRA, 1942 WP(C).No.9163 OF 2020 PETITIONER/S: MANKARA SERVICE CO-OPERATIVE BANK LTD., NO.P-363, MANKARA, PALAKKAD - 678 613, REPRESENTED BY ITS SECRETARY-IN-CHARGE, K.K.RADHAKRISHNAN, AGED 46, S/O.LATE P.K.KRISHNANKUTTY. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENT/S: 1 INCOME TAX OFFICER, WARD 1 AND TPS, AYAKAR BHAVAN, PALAKKAD - 678 014. 2 COMMISSIONER OF INCOME TAX (APPEALS) THRISSUR - 680 021. 3 INCOME TAX APPELLATE TRIBUNAL, AYAKAR BHAVAN, KAKKANADU, KOCHI - 682 030, REPRESENTED BY ITS REGISTRAR. OTHER PRESENT: R1 & R2 BY SRI.JOSE JOSEPH, SC, IT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2020, ALONG WITH WP(C).9178/2020, WP(C).9179/2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.9163 of 2020 & - 2 - connected cases IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, 23RD DAY OF MARCH 2020 / 3RD CHAITHRA, 1942 WP(C).No.9178 OF 2020 PETITIONER/S: MANKARA SERVICE CO-OPERATIVE BANK LTD. NO.P-363, MANKARAI, PALAKKAD - 678 613, REPRESENTED BY ITS SECRETARY IN CHARGE, K. K. RADHAKRISHNAN, AGED 46, S/O. LATE P. K. KRISHNANKUTTY. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SMT.K.KRISHNA RESPONDENT/S: 1 INCOME TAX OFFICER, WARD 1, AYAKAR BHAVAN, PALAKKAD - 678 014. 2 COMMISSIONER OF INCOME TAX (APPEALS) THRISSUR - 680 021. 3 INCOME TAX APPELLATE TRIBUNAL AYAKAR BHAVAN, KAKKANADU, KOCHI - 682 030, REPRESENTED BY ITS REGISTRAR. OTHER PRESENT: R1 & R2 BY SRI.JOSE JOSEPH, SC, IT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2020, ALONG WITH WP(C).9163/2020, WP(C).9179/2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.9163 of 2020 & - 3 - connected cases IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, 23RD DAY OF MARCH 2020 / 3RD CHAITHRA, 1942 WP(C).No.9179 OF 2020 PETITIONER/S: MANKARA SERVICE CO-OPERATIVE BANK LTD., NO.P-363, MANKARAI, PALAKKAD - 678 613, REPRESENTED BY ITS SECRETARY IN CHARGE, K. K. RADHAKRISHNAN, AGED 46, S/O. LATE P. K. KRISHNANKUTTY. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENT/S: 1 INCOME TAX OFFICER WARD 1, AYAKAR BHAVAN, PALAKKAD - 678 014. 2 COMMISSIONER OF INCOME TAX (APPEALS) THRISSUR - 680 021. 3 INCOME TAX APPELLATE TRIBUNAL AYAKAR BHAVAN, KAKKANADU, KOCHI - 682 030, REPRESENTED BY ITS REGISTRAR. OTHER PRESENT: R1 & R2 BY SRI.JOSE JOSEPH, SC, IT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2020, ALONG WITH WP(C).9163/2020, WP(C).9178/2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.9163 of 2020 & - 4 - connected cases K. Vinod Chandran, J. ------------------------------------- W.P(C) No.9163, 9178 and 9179 of 2020 ------------------------------------- Dated this 23rd day of March, 2020 JUDGMENT These writ petitions are against recovery initiated while appeals are pending. issue is also with respect to coverage of petitioner under Section 80P of Income Tax Act, 1961, which has to be adjudicated on basis of Full Bench decision in Mavilayil Service Co- operative Bank Limited v. Commissioner of Income Tax, Calicut [2019 (2) KHC 287 (FB)]. 2. In present case, demand is with respect to assessment years 2016-17, 2010-11 and 2015-16. Exhibit P3 second appeal along with Exhibit P4 stay petition in respective writ petitions are pending before Tribunal. In circumstance of case, I am of opinion that there shall be stay of recovery till appeals are disposed of. writ petitions are disposed of with above direction, without any observation on merits of matter. Sd/- K.VINOD CHANDRAN JUDGE Vku/- WP(C).No.9163 of 2020 & - 5 - connected cases APPENDIX OF WP(C) 9163/2020 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY 1ST RESPONDENT FOR YEAR 2016-17. EXHIBIT P2 COPY OF APPELLATE ORDER ISSUED BY 2ND RESPONDENT FOR YEAR 2016-17. EXHIBIT P3 COPY OF APPEAL FILED BY PETITIONER BEFORE 3RD RESPONDENT 2016-17. EXHIBIT P4 COPY OF STAY PETITION FILED BY PETITIONER BEFORE 3RD RESPONDENT. WP(C).No.9163 of 2020 & - 6 - connected cases APPENDIX OF WP(C) 9178/2020 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY 1ST RESPONDENT FOR YEAR 2010-11. EXHIBIT P2 COPY OF APPELLATE ORDER ISSUED BY 2ND RESPONDENT FOR YEAR 2010-11. EXHIBIT P3 COPY OF APPEAL FILED BY PETITIONER BEFORE 3RD RESPONDENT 2010-11. EXHIBIT P4 COPY OF STAY PETITION FILED BY PETITIONER BEFORE 3RD RESPONDENT. WP(C).No.9163 of 2020 & - 7 - connected cases APPENDIX OF WP(C) 9179/2020 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY 1ST RESPONDENT FOR YEAR 2015-16. EXHIBIT P2 COPY OF APPELLATE ORDER ISSUED BY 2ND RESPONDENT FOR YEAR 2015-16. EXHIBIT P3 COPY OF APPEAL FILED BY PETITIONER BEFORE 3RD RESPONDENT 2015-16. EXHIBIT P4 COPY OF STAY PETITION FILED BY PETITIONER BEFORE 3RD RESPONDENT. [TRUE COPY] Mankara Service Co-Operative Bank Ltd. v. Income-tax Officer, Ward 1 and Tps, Palakkad / Commissioner of Income-tax (Appeals) Thrissur / Income-tax Appellate Tribunal, Kochi
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