The Valluvally Service Co-Operative Bank Limited v. The Income-tax Officer, Ward 3, Aluva / The Commissioner of Income-tax (Appeals), Kochi
[Citation -2020-LL-0729-3]

Citation 2020-LL-0729-3
Appellant Name The Valluvally Service Co-Operative Bank Limited
Respondent Name The Income-tax Officer, Ward 3, Aluva / The Commissioner of Income-tax (Appeals), Kochi
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 29/07/2020
Assessment Year 2012-13, 2013-14, 2014-15
Judgment View Judgment
Keyword Tags time limit • stay of recovery
Bot Summary: No.15495 OF 2020 2 JUDGMENT Against Ext.P1 series of assessment orders under the Income Tax Act, the petitioner has preferred Ext.P2 series of appeals before the 2nd respondent. It is the case of the petitioner that the issue involved in the appeal is the permissibility of the deduction under Section 80 P of the Income Tax Act in its application to the Co-operative Societies. I have heard the learned counsel appearing for the petitioner and also the learned Standing counsel appearing for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar and taking note of the fact that in similar matters, this Court has directed the Appellate Authority to consider and pass orders in the appeal and stayed the recovery of disputed amounts pending disposal of the appeal, this Writ petition is disposed directing the 2nd respondent to consider and pass orders on Ext.P2 series of appeals within an outer time limit of six months. Recovery steps for recovery of amounts confirmed against the petitioner by Exts.P1 series of assessment orders shall be kept in abeyance till such time as orders are passed by the 2nd respondent as directed above and communicated to the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 2 nd respondent, for further action.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, 29TH DAY OF JULY 2020 / 7TH SRAVANA, 1942 WP(C).No.15495 OF 2020 PETITIONER/S: VALLUVALLY SERVICE CO-OPERATIVE BANK LIMITED NO.E-139 NORHT PARAVUR, KOONAMMAVU P.O ERNAKULAM. PIN 683 518 REPRESENTED BY ITS SECRETARY SMT. LILA MJ BY ADVS. SRI.K.S.HARIHARAN NAIR SMT.G.REMADEVI SMT.HARIMA HARIHARAN SHRI.RAJATH R NATH RESPONDENT/S: 1 INCOME TAX OFFICER, WARD 3 K.A.P COMMERCIAL COMPLEX, RAILWAY STATION ROAD ALUVA PIN 683 101 2 COMMISSIONER OF INCOME TAX (APPEALS) G-51, PARAPPILLY LN, MANORAMA JUNCTION, GIRI NAGAR. PANAMPILLY NAGAR, KOCHI, KERALA 682036 OTHER PRESENT: SC: CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.07.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.15495 OF 2020 2 JUDGMENT Against Ext.P1 series of assessment orders under Income Tax Act, petitioner has preferred Ext.P2 series of appeals before 2nd respondent. It is case of petitioner that issue involved in appeal is permissibility of deduction under Section 80 P of Income Tax Act in its application to Co-operative Societies. 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 and taking note of fact that in similar matters, this Court has directed Appellate Authority to consider and pass orders in appeal and stayed recovery of disputed amounts pending disposal of appeal, this Writ petition is disposed directing 2nd respondent to consider and pass orders on Ext.P2 series of appeals within outer time limit of six months. Recovery steps for recovery of amounts confirmed against petitioner by Exts.P1 series of assessment orders shall be kept in abeyance till such time as orders are passed by 2nd respondent as directed above and communicated to petitioner. petitioner shall produce copy of writ petition together with copy of this judgment, before 2 nd respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE SJ WP(C).No.15495 OF 2020 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDR DATED 22.12.2016 ISSUED BY 1ST RESPONDENT FOR ASSESSMENT YEAR 2012-2013 EXHIBIT P1(a) COPY OF ASSESSMENT ORDER DATED 10.02.2016 ISSUED BY 1ST RESPONDENT FOR ASSESSMENT YEAR 2013-14 EXHIBIT P1(b) COPY OF ASSESSMENT ORDER DATED 22.12.2016 ISSUED BY 1ST RESPONDENT FOR ASSESSMENT YEAR 2014-15 EXHIBIT P2 COPY OF APPEAL MEMORANDUM DATED 20.1.2017 AGAINST EXT.P1 EXHIBIT P2(a) COPY OF APPEAL MEMORANDUM DATED 12.02.2016 AGAINST EXT.P1(a) EXHIBIT P2(b) COPY OF APPEAL MEMORANDUM DATED 20.1.2017 AGAINST EXT.P1(b) Valluvally Service Co-Operative Bank Limited v. Income-tax Officer, Ward 3, Aluva / Commissioner of Income-tax (Appeals), Kochi
Report Error