The Kolazhy Servie Co-Operative Bank Ltd. v. The Commissioner of Income-tax (Appeals) (Appeals), Thrissur / The Income-tax Officer, Ward 2 (2), Thrissur
[Citation -2020-LL-0825-1]

Citation 2020-LL-0825-1
Appellant Name The Kolazhy Servie Co-Operative Bank Ltd.
Respondent Name The Commissioner of Income-tax (Appeals) (Appeals), Thrissur / The Income-tax Officer, Ward 2 (2), Thrissur
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 25/08/2020
Judgment View Judgment
Keyword Tags demand notice • stay petition • stay of recovery
Bot Summary: No.17685 OF 2020(I) 2 JUDGMENT Against Exts.P1, P5, P9 and P13 assessment orders under the Income Tax Act, the petitioner has preferred Exts.P3, P7, P11 and P15 appeals together with Exts.P4, P8, P12 and P16 stay petitions before the 1st respondent. It is submitted by counsel for the petitioner that the issue involved in the appeals is the permissibility of deduction under Section 80P of the Income Tax Act in its applicability 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. Taking note of similar orders issued by this Court, I dispose the Writ petition by directing the 1st respondent to consider and pass orders on Exts.P3, P7, P11 and P15 appeals within an outer time limit of six months from the date of receipt of a copy of this judgment, after hearing the petitioner. Recovery steps for recovery of amounts confirmed against the petitioner by the assessment orders, as also further proceedings WP(C). No.17685 OF 2020(I) 3 pursuant to Exts.P2, P6, P10 and P14 demand notices, shall be kept in abeyance till such time as orders are passed by the 1 st 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 1st respondent, for further action.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, 25TH DAY OF AUGUST 2020 / 3RD BHADRA, 1942 WP(C).No.17685 OF 2020(I) PETITIONER: KOLAZHY SERVIE CO-OPERATIVE BANK LTD. NO.564 KOLAZHY, THRISSUR - 680010, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: 1 COMMISSIONER OF INCOME TAX (APPEALS) (APPEALS), AAYAKAR BHAVAN, S.T. NAGAR, THRISSUR - 680001, 2 INCOME TAX OFFICER, WARD 2 (2), THRISSUR, OFFICE OF INCOME TAX OFFICER, AAYAKAR, BHAVAN, SHAKTHANTHAMPURAN NAGAR, THRISSUR - 680001. BY ADV.SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.17685 OF 2020(I) 2 JUDGMENT Against Exts.P1, P5, P9 and P13 assessment orders under Income Tax Act, petitioner has preferred Exts.P3, P7, P11 and P15 appeals together with Exts.P4, P8, P12 and P16 stay petitions before 1st respondent. Exts.P2, P6, P10 and P14 are demand notices. It is submitted by counsel for petitioner that issue involved in appeals is permissibility of deduction under Section 80P of Income Tax Act in its applicability to Co-operative Societies. It is pointed out that in similar matters this Court has directed appellate authority to consider and pass orders in appeal and stayed recovery proceedings, in meanwhile. 2. I have heard learned counsel appearing for petitioner and also learned Standing counsel appearing for Income Tax Department. Taking note of similar orders issued by this Court, I dispose Writ petition by directing 1st respondent to consider and pass orders on Exts.P3, P7, P11 and P15 appeals within outer time limit of six months from date of receipt of copy of this judgment, after hearing petitioner. Recovery steps for recovery of amounts confirmed against petitioner by assessment orders, as also further proceedings WP(C).No.17685 OF 2020(I) 3 pursuant to Exts.P2, P6, P10 and P14 demand notices, shall be kept in abeyance till such time as orders are passed by 1 st respondent as directed, and order communicated to petitioner. petitioner shall produce copy of writ petition together with copy of this judgment, before 1st respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE mns WP(C).No.17685 OF 2020(I) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 27.11.2018 ALONG WITH COMPUTATION SHEET. EXHIBIT P2 TRUE COPY OF DEMAND NOTICE DATED 27/11/2018. EXHIBIT P3 TRUE COPY OF APPEAL DATED 13.12.2018. EXHIBIT P4 TRUE COPY OF STAY PETITION DATED 31.01.2019. EXHIBIT P5 TRUE COPY OF ASSESSMENT ORDER DATED 30.11.2018 ALONG WITH COMPUTATION SHEET. EXHIBIT P6 TRUE COPY OF DEMAND NOTICE DATED 30.11.2018. EXHIBIT P7 TRUE COPY OF APPEAL DATED 13.12.2018. EXHIBIT P8 TRUE COPY OF STAY PETITION DATED 31.1.2019 EXHIBIT P9 TRUE COPY OF ASSESSMENT ORDER DATED 5.12.2019 ALONG WITH COMPUTATION SHEET. EXHIBIT P10 TRUE COPY OF DEMAND NOTICE DATED 5.12.2019. EXHIBIT P11 TRUE COPY OF APPEAL DATED 18.12.2019 EXHIBIT P12 TRUE COPY OF STAY PETITION DATED 18.12.2019. EXHIBIT P13 TRUE COPY OF ASSESSMENT ORDER DATED 5.12.2019 ALONG WITH COMPUTATION SHEET. EXHIBIT P14 TRUE COPY OF DEMAND NOTICE DATED 5.12.2019. EXHIBIT P15 TRUE COPY OF APPEAL DATED 18.12.2019. EXHIBIT P16 TRUE COPY OF STAY PETITION DATED 18.12.2019. EXHIBIT P17 TRUE COPY OF JUDGMENT DATED 1.7.2019 IN WA NO.1536 OF 2019. RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE Kolazhy Servie Co-Operative Bank Ltd. v. Commissioner of Income-tax (Appeals) (Appeals), Thrissur / Income-tax Officer, Ward 2 (2), Thrissur
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