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
|The Koonammoochi Peoples Service Co-Operative Bank Ltd.
|The Commissioner of Income-tax (Appeals), Thrissur / The Income-tax Officer, Ward 1 and TPS, Thrissur
|HIGH COURT OF KERALA AT ERNAKULAM
|Date of Order
|coercive steps • demand notice • stay petition • time limit
|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.