IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, 29TH DAY OF SEPTEMBER 2020 / 7TH ASWINA, 1942 WP(C).No.20212 OF 2020(B) PETITIONER/S: SREEKRISHNAPURAM SERVICE CO-OPERATIVE BANK LTD. NO. F1213 SREEKRISHNAPURAM P.O., PALAKKAD - 679 513, REPRESENTED BY ITS SECRETARY, ULLAS KUMAR C. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENT/S: 1 ASST. COMMISSIONER OF INCOME TAX CIRCLE I, INCOME TAX DEPARTMENT, AYAKAR BHAVAN, PALAKKAD - 678 014. 2 COMMISSIONER OF INCOME TAX (APPEALS) THRISSUR - 680 021. 3 INCOME TAX APPELLATE TRIBUNAL AYAKAR BHAVAN, KAKKANADU, KOCHI - 682 030, REPRESENTED BY ITS REGISTRAR. OTHER PRESENT: SRI.JOSE JOSEPH,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.09.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.20212 OF 2020(B) 2 JUDGMENT Against Ext.P1 assessment order under Income Tax Act, petitioner preferred appeal before First Appellate Authority but same was rejected by Ext.P2 order. Aggrieved by said order, petitioner preferred Ext.P3 appeal along with Ext.P4 stay petition before 3 rd respondent. It is contention of learned counsel for petitioner that issue involved in appeal is permissibility of deduction under Section 80P of Income Tax Act in its application 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 as also learned Standing Counsel appearing for respondents. On consideration of facts and circumstances of case and submissions made across Bar and finding that in similar cases this Court has granted stay of recovery proceedings, pending disposal of appeal by appellate authority, I dispose writ petition by directing 3 rd respondent to consider and pass orders on Ext.P3 appeal preferred by petitioner within outer time limit of six months from date of receipt of copy of this judgment, after hearing petitioner. I also make it clear that till such time as orders are passed by 3rd respondent in appeal as directed above and orders communicated to petitioner, recovery steps for recovery of amounts confirmed against petitioner by Exts.P1 and P2 orders shall be kept in abeyance. WP(C).No.20212 OF 2020(B) 3 petitioner shall produce copy of this judgment together with copy of writ petition before 3rd respondent for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE sd WP(C).No.20212 OF 2020(B) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY 1ST RESPONDENT FOR YEAR 2015-16. EXHIBIT P2 COPY OF APPELLATE ORDER ISSUED BY 2ND RESPONDENT FOR YEAR 2015-16. EXHIBIT P3 COPY OF APPEAL FILED BY PETITIONER BEFORE 3RD RESPONDENT 2015-16. EXHIBIT P4 COPY OF STAY PETITION FILED BY PETITIONER BEFORE 3RD RESPONDENT. Sreekrishnapuram Service Co-Operative Bank Ltd. v. Asst. Commissioner of Income-tax Circle 1, Palakkad / Commissioner of Income-tax (Appeals), Thrissur / Income-tax Appellate Tribunal, Kochi