Pullukulangara Service Co-Operative Bank Ltd. v. The Commissioner of Income-tax (Appeals), Kottayam / The Income-tax Officer, Ward-3, Alappuzha
|Pullukulangara Service Co-Operative Bank Ltd.
|The Commissioner of Income-tax (Appeals), Kottayam / The Income-tax Officer, Ward-3, Alappuzha
|HIGH COURT OF KERALA AT ERNAKULAM
|Date of Order
|demand notice • stay petition
|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.