Pullukulangara Service Co-Operative Bank Ltd. v. The Commissioner of Income-tax (Appeals), Kottayam / The Income-tax Officer, Ward-3, Alappuzha
[Citation -2020-LL-0730-1]

Citation 2020-LL-0730-1
Appellant Name Pullukulangara Service Co-Operative Bank Ltd.
Respondent Name The Commissioner of Income-tax (Appeals), Kottayam / The Income-tax Officer, Ward-3, Alappuzha
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 30/07/2020
Assessment Year 2017-18
Judgment View Judgment
Keyword Tags demand notice • stay petition
Bot Summary: No.8966 OF 2020(U) 2 JUDGMENT Against Ext.P2 assessment order under the Income Tax Act, the petitioner has preferred Ext.P3 appeal before the 1st respondent. It is pointed out by the counsel for the petitioner that the issue involved in the appeal is the permissibility of a deduction under Section 80P of the Act as applicable to Co-operative Societies. 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 taking note of the decisions of this Court whereby this Court has, in identical matters, directed the appellate authority to consider and pass orders in the appeal, and stayed the recovery proceedings pending disposal of the appeal by the appellate authority, I dispose this Writ Petition by directing the 1st respondent to consider and pass orders on Ext.P3 appeal within an outer time limit of six months from the date of receipt of a copy of this judgment, after hearing the petitioner. No.8966 OF 2020(U) 3 steps for recovery of amounts confirmed against the petitioner by Ext.P2 assessment order, including further proceedings pursuant to Ext.P4 demand notice, shall be kept in abeyance till such time as orders are passed by the 1st respondent as directed, 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 1 st respondent, for further action.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, 30TH DAY OF JULY 2020 / 8TH SRAVANA, 1942 WP(C).No.8966 OF 2020(U) PETITIONER: PULLUKULANGARA SERVICE CO-OPERATIVE BANK LTD NO.2992,KAYAMKULAM P.O., ALAPPUZHA-690 502, REPRESENTED BY ITS SECRETARY,M.Y SAMEENA BY ADV. SRI.V.DEVANANDA NARASIMHAM RESPONDENTS: 1 COMMISSIONER OF INCOME TAX (APPEALS) PUBLIC LIBRARY BUILDING, SHASTRI ROAD, KOTTAYAM-686 001 2 INCOME TAX OFFICER, WARD -3,A.N.PURM, ALAPPUZHA-688 011 BY GOVT.PLEADER DR.THUSHARA JAMES, BY ADV.SRI.JOSE JOSEPH,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.07.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.8966 OF 2020(U) 2 JUDGMENT Against Ext.P2 assessment order under Income Tax Act (hereinafter referred to as 'the Act'), petitioner has preferred Ext.P3 appeal before 1st respondent. Ext.P4 is demand notice. It is pointed out by counsel for petitioner that issue involved in appeal is permissibility of deduction under Section 80P of Act as applicable to Co-operative Societies. 2. I have heard learned counsel appearing for petitioner and also learned Standing counsel appearing for Income Tax Department. On consideration of facts and circumstances of case as also submissions made across Bar, and taking note of decisions of this Court whereby this Court has, in identical matters, directed appellate authority to consider and pass orders in appeal, and stayed recovery proceedings pending disposal of appeal by appellate authority, I dispose this Writ Petition by directing 1st respondent to consider and pass orders on Ext.P3 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 WP(C).No.8966 OF 2020(U) 3 steps for recovery of amounts confirmed against petitioner by Ext.P2 assessment order, including further proceedings pursuant to Ext.P4 demand notice, shall be kept in abeyance till such time as orders are passed by 1st respondent as directed, and order communicated to petitioner,. petitioner shall produce copy of writ petition together with copy of this judgment, before 1 st respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE mns WP(C).No.8966 OF 2020(U) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ACKNOWLEDGMENT GENERATED THOUGH INCOME TAX PORTAL ELECTRONICALLY N 29.09.19 F INCOME TAX RETURN FILED FOR AY 2017-18 BY PETITIONER EXHIBIT P2 TRUE COPY OF ASSESSMENT ORDER PASSED BY 2ND RESPONDENT ON 21.12.2O19 FOR AY 2017-18 U/S. 144 OF INCOME TAX ACT FIXING TAXABLE INCOME OF RS 11,71,02,643/- EXHIBIT P3 TRUE COPY OF ONLINE APPEAL FOR AY 2017-18 FILED U/S. 246 OF INCOME TAX ACT ON 20.01.2020 AGAINST EXT P2 ASSESSMENT ORDER FOR AY 2017-18 BEFORE 1ST RESPONDENT EXHIBIT P4 TRUE COPY OF DEMAND NOTICE DATED 21.12.19 ISSUED BY 2ND RESPONDENT DEMANDING ASSESSED INCOME TAX FOR AY 2017-18 TO PETITIONER RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE Pullukulangara Service Co-Operative Bank Ltd. v. Commissioner of Income-tax (Appeals), Kottayam / Income-tax Officer, Ward-3, Alappuzha
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