The Koonammoochi Peoples Service Co-Operative Bank Ltd. v. The Commissioner of Income-tax (Appeals), Thrissur / The Income-tax Officer, Ward 1 and TPS, Thrissur
[Citation -2020-LL-0722-3]

Citation 2020-LL-0722-3
Appellant Name The Koonammoochi Peoples Service Co-Operative Bank Ltd.
Respondent Name The Commissioner of Income-tax (Appeals), Thrissur / The Income-tax Officer, Ward 1 and TPS, Thrissur
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 22/07/2020
Judgment View Judgment
Keyword Tags coercive steps • demand notice • stay petition • time limit
Bot Summary: No.14719 OF 2020 2 JUDGMENT Against Exts.P1, P6 and P11 assessment orders under the Income Tax Act, the petitioner has preferred Exts.P3, P8 and P13 appeals together with Exts.P5, P10 and P15 stay petitions before the 1st respondent. It would appear that on approaching the 2nd respondent, pending disposal of the stay petition, the petitioner was directed by Exts.P4, P9 and P14 orders to pay 20 of the disputed amounts as a condition for grant of stay for recovery of the balance amount, pending consideration of the stay application by the appellate authority. The case of the petitioner in the writ petition is essentially that the issue involved in the appeal before the appellate authority is the permissibility of a deduction under Section 80P of the Income Tax Act in its relation to Co-operative Societies. On a consideration of the facts and circumstances of the case and the submissions made across the Bar and taking cue from the judgments of this Court in similar matters, I deem it appropriate to dispose the writ petition by directing the 1st respondent to consider and pass orders on Exts.P3, P8 and P13 appeals within an outer time limit of six months from the date of receipt of a copy of this judgment, after hearing the petitioner. No.14719 OF 2020 3 are passed by the 1st respondent as directed, and the order communicated to the petitioner, the recovery steps for recovery of amounts confirmed against the petitioner by the assessment orders in question shall be kept in abeyance. Further, in view of the directions given above, I set aside Exts.P4, P9 and P14 orders of the 2nd respondent that direct the petitioner to remit 20 of the disputed amounts, pending disposal of the appeal. The petitioner shall produce a copy of this judgment together with a copy of the writ petition before the 2nd respondent for further action.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, 22ND DAY OF JULY 2020 / 31ST ASHADHA, 1942 WP(C).No.14719 OF 2020 PETITIONER/S: KOONAMMOOCHI PEOPLES SERVICE CO-OPERATIVE BANK LTD.NO. 603,KOONAMMOOCHI.P.O., THRISSUR-680504, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT/S: 1 COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, S.T.NAGAR, THRISSUR-680001. 2 INCOME TAX OFFICER, WARD 1 AND TPS, GURUVAYOOR, OFFICE OF INCOME TAX OFFICER, WEST NADA, GURUVAYOOR THRISSUR-680101. OTHER PRESENT: SC-SRI.JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.07.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.14719 OF 2020 2 JUDGMENT Against Exts.P1, P6 and P11 assessment orders under Income Tax Act, petitioner has preferred Exts.P3, P8 and P13 appeals together with Exts.P5, P10 and P15 stay petitions before 1st respondent. It would appear that on approaching 2nd respondent, pending disposal of stay petition, petitioner was directed by Exts.P4, P9 and P14 orders to pay 20% of disputed amounts as condition for grant of stay for recovery of balance amount, pending consideration of stay application by appellate authority. case of petitioner in writ petition is essentially that issue involved in appeal before appellate authority is permissibility of deduction under Section 80P of Income Tax Act in its relation to Co-operative Societies. It is pointed out that in respect of same issue, this Court has in connected matters directed appellate authority to consider and pass orders in appeal, and restrained respondents from resorting to any coercive steps for recovery of disputed amounts, till then. 2. I have heard learned counsel for petitioner as also Sri.Jose Joseph, learned Standing Counsel for respondents. On consideration of facts and circumstances of case and submissions made across Bar and taking cue from judgments of this Court in similar matters, I deem it appropriate to dispose writ petition by directing 1st respondent to consider and pass orders on Exts.P3, P8 and P13 appeals within outer time limit of six months from date of receipt of copy of this judgment, after hearing petitioner. It is made clear that till such time as orders WP(C).No.14719 OF 2020 3 are passed by 1st respondent as directed, and order communicated to petitioner, recovery steps for recovery of amounts confirmed against petitioner by assessment orders in question shall be kept in abeyance. Further, in view of directions given above, I set aside Exts.P4, P9 and P14 orders of 2nd respondent that direct petitioner to remit 20% of disputed amounts, pending disposal of appeal. petitioner shall produce copy of this judgment together with copy of writ petition before 2nd respondent for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE sd WP(C).No.14719 OF 2020 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 1.12.2017. EXHIBIT P2 TRUE COPY OF DEMAND NOTICE DATED 1.12.2017. EXHIBIT P3 TRUE COPY OF APPEAL DATED 2.1.2018. EXHIBIT P4 TRUE COPY OF ORDER DATED 2.7.2019. EXHIBIT P5 TRUE COPY OF STAY PETITION DATED 12.7.2019. EXHIBIT P6 TRUE COPY OF ASSESSMENT ORDER DATED 19.11.2018. EXHIBIT P7 TRUE COPY OF DEMAND NOTICE DATED 20.11.2018. EXHIBIT P8 TRUE COPY OF APPEAL DATED 15.12.2018. EXHIBIT P9 TRUE COPY OF ORDER DATED 2.7.2019. EXHIBIT P10 TRUE COPY OF STAY PETITION DATED 12.7.2019. EXHIBIT P11 TRUE COPY OF ASSESSMENT ORDER DATED 21.11.2018. EXHIBIT P12 TRUE COPY OF DEMAND NOTICE DATED 21.11.2018. EXHIBIT P13 TRUE COPY OF APPEAL DATED 8.12.2018. EXHIBIT P14 TRUE COPY OF ORDER DATED 2.7.2019. EXHIBIT P15 TRUE COPY OF STAY PETITION DATED 12.7.2019. EXHIBIT P16 TRUE COPY OF JUDGMENT DATED 1.7.2019 IN W.A.NO.1536 OF 2019. Koonammoochi Peoples Service Co-Operative Bank Ltd. v. Commissioner of Income-tax (Appeals), Thrissur / Income-tax Officer, Ward 1 and TPS, Thrissur
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