Kadungalloor Service Co-Operative Bank Ltd. v. The Income-tax Officer, Ward 2, Aluva / The Commissioner of Income-tax(Appeals), Kochi
[Citation -2020-LL-0710-9]

Citation 2020-LL-0710-9
Appellant Name Kadungalloor Service Co-Operative Bank Ltd.
Respondent Name The Income-tax Officer, Ward 2, Aluva / The Commissioner of Income-tax(Appeals), Kochi
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 10/07/2020
Judgment View Judgment
Keyword Tags stay of recovery • stay petition • time limit
Bot Summary: No.13998 of 2020 2 JUDGMENT Against Ext.P1 assessment order under the Income Tax Act, the petitioner has preferred Ext.P2 appeal and Ext.P3 stay petition before the 2nd respondent. The limited prayer in the Writ Petition is for a direction to the 2nd respondent to consider and pass orders on the appeal, expeditiously, after hearing the petitioner and to keep in abeyance recovery steps pursuant to Ext.P1 assessment order in the meanwhile. I have heard the learned counsel appearing for the petitioner and also the learned Standing counsel appearing for the respondents. Inasmuch as this Court has, in connected cases, granted a stay of recovery till such time as appeals are decided by the appellate authority, I dispose the Writ Petition by 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 2 nd W.P.(C). No.13998 of 2020 3 respondent in the appeal, and the order communicated to the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 2nd respondent, for further action.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, 10TH DAY OF JULY 2020 / 19TH ASHADHA, 1942 WP(C).No.13998 OF 2020(Y) PETITIONER: KADUNGALLOOR SERVICE CO-OPERATIVE BANK LTD.NO.863 WEST KADUNGALLOOR P.O, ALUVA ERNAKULAM DISTRICT, PIN-683110 REPRESENTED BY ITS SECRETARY SRI.NIKHIL S.L BY ADVS. SRI.K.S.HARIHARAN NAIR SMT.G.REMADEVI SMT.HARIMA HARIHARAN SHRI.RAJATH R NATH SRI.K.S.HARIHARAN NAIR RESPONDENTS: 1. INCOME TAX OFFICER, WARD 2, K.A.P COMMERCIAL COMPLEX, R.S ROAD, ALUVA, PIN-683101 COMMISSIONER OF INCOME TAX(APPEALS), 2. G-51, PARAPILLIY LN, MANORAMA JUNCTION, GIRI NAGR PANAMPILLY NAGAR, KOCHI, KERALA-682036 BY ADV.SRI.CHRISTOPHER ABRAHAM,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.07.2020, COURT ON SAME DAY DELIVERED FOLLOWING: W.P.(C).No.13998 of 2020 2 JUDGMENT Against Ext.P1 assessment order under Income Tax Act, petitioner has preferred Ext.P2 appeal and Ext.P3 stay petition before 2nd respondent. limited prayer in Writ Petition is for direction to 2nd respondent to consider and pass orders on appeal, expeditiously, after hearing petitioner and to keep in abeyance recovery steps pursuant to Ext.P1 assessment order in meanwhile. 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, I find that issue under consideration in appeal is permissibility of deduction under Section 80P of Income Tax Act in case of Co-operative societies. Inasmuch as this Court has, in connected cases, granted stay of recovery till such time as appeals are decided by appellate authority, I dispose Writ Petition by directing 2 nd respondent to consider and pass orders on Ext.P2 appeal within outer time limit of six months from date of receipt of copy of this judgment, after hearing petitioner. It is made clear that recovery steps for recovery of amounts confirmed against petitioner by Ext.P1 assessment order shall be kept in abeyance till such time as orders are passed by 2 nd W.P.(C).No.13998 of 2020 3 respondent in appeal, and order communicated to petitioner. petitioner shall produce copy of writ petition together with copy of this judgment, before 2nd respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE mns/10.7.2020 W.P.(C).No.13998 of 2020 4 APPENDIX PETITIONERS EXHIBITS EXHIBIT -P1 COPY OF ASSESSMENT ORDER DATED 29.12.2019 ISSUED BY 1ST RESPONDENT FOR ASSESSMENT YEAR 2017-18. EXHIBIT P2- COPY OF APPEAL MEMORANDUM DATED 24.01.2020 AGAINST EXT.P1 EXHIBIT P3- COPY OF STAY PETITION FILED BY PETITIONER BEFORE 2ND RESPONDENT DATED 04.06.2020 Kadungalloor Service Co-Operative Bank Ltd. v. Income-tax Officer, Ward 2, Aluva / Commissioner of Income-tax(Appeals), Kochi
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