Muthukulam Block Agricultural Improvement Co-Operative Society v. Commissioner of Income-tax (Appeals), Kottayam / Income-tax Officer Ward 4, Alappuzha
[Citation -2020-LL-0714]
| Citation | 2020-LL-0714 |
|---|---|
| Appellant Name | Muthukulam Block Agricultural Improvement Co-Operative Society |
| Respondent Name | Commissioner of Income-tax (Appeals), Kottayam / Income-tax Officer Ward 4, Alappuzha |
| Court | HIGH COURT OF KERALA AT ERNAKULAM |
| Relevant Act | Income-tax |
| Date of Order | 14/07/2020 |
| Assessment Year | 2017-18 |
| Judgment | View Judgment |
| Keyword Tags | application for stay • stay of recovery • demand notice • stay petition |
| Bot Summary: | No.8661 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 1st respondent. It is a case of the petitioner that even before the 1st respondent has had an occasion to consider the appeal preferred by the petitioner, recovery steps are afoot to recover the amounts confirmed against the petitioner by Ext.P1 assessment order. I have heard the learned counsel appearing for the petitioner and also the learned Standing counsel appearing for the Income Tax Department. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, and finding the main issue agitated in the appeal is the permissibility of the deduction under Section 80P of the Income Tax Act in its relation to Co-operative societies, and finding that in similar matters this Court has granted a stay of recovery pending disposal of the appeal by the by the First Appellate Authority, the Writ Petition is disposed by directing the 1st 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 till such time as orders are passed by the 1st respondent as directed, and the order communicated to the petitioner, recovery steps for recovery of amounts W.P.(C). No.8661 of 2020 3 confirmed against the petitioner by Ext.P1 assessment order shall be kept in abeyance. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 1st respondent, for further action. |