AVANANKUZHI SERVICE CO-OPERATIVE BANK LTD., V. THE COMMISSIONER OF INCOME TAX (APPEALS),

WP(C)/29934/2019

AI Insights

The case involves Avanankuzhi Service Co-operative Bank Ltd., which filed a writ petition against the Income Tax Department's recovery actions based on a rectified order under the Income Tax Act. The petitioner had appealed against the disallowance of a deduction claimed under Section 80P of the Income Tax Act and sought a stay on the recovery actions pending the appeal's decision. The court, referencing similar cases, decided to stay the recovery actions and directed the Tribunal to expedite the appeal process.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 767637 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 07-11-2019
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: CHRISTOPHER ABRAHAM
• Assessee Lawyers: BABU NAIR; SMITHA BABU
• Keywords: Dis-allowance of deduction; Income Tax; Recovery Steps; Stay Petition
• Section: 80P

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA, 1941 WP(C).No.29934 OF 2019(N) PETITIONER/S: AVANANKUZHI SERVICE CO-OPERATIVE BANK LTD., NO. 2387, AVANANKUZHI, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, P.S. JAYASREE, W/O. BIJU RADHAKRISHNAN, AGED 49 YEARS, RESIDING AT VARUTHATTIL, MANGALATH KONAM, KATTACHALKUZHI P.O, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.BABU S. NAIR SMT.SMITHA BABU RESPONDENT/S: 1 THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM PIN-695 003 2 THE INCOME TAX OFFICER, WARD 2 (4), OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX, RANGE 2, AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN-695 003 SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.29934 OF 2019(N) 2 JUDGMENT Against Ext.P3 rectified order under the Income Tax Act, the petitioner has preferred Ext.P4 appeal together with Ext.P5 stay petition before the Income Tax Appellate Tribunal. It is the case of the petitioner that even prior to considering the stay petition, recovery steps are taken by the respondents against the petitioner for recovery of the amounts confirmed by Ext.P3 rectified order. It is stated by the learned counsel for the petitioner that the issue involved in the appeal pertains to dis-allowance of deduction claimed under Section 80P of the Income Tax Act. 2. I have heard the learned counsel appearing for the petitioner and also the learned Government Pleader 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 Income Tax Appellate Tribunal to consider and pass orders on Ext.P4 appeal within an outer time limit of six months. Recovery steps pursuant to Ext.P6 demand notice for recovery of amounts confirmed against the petitioner shall be kept in abeyance till such time as orders are passed by the Income Tax Appellate Tribunal as directed above and communicated to the petitioner. The petitioner shall produce a copy of this judgment together with a copy of the writ petition before the Income Tax Appellate Tribunal for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE sd WP(C).No.29934 OF 2019(N) 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE SECOND RESPONDENT FOR THE YEAR 2010-11 DATED, 3.3.2016. EXHIBIT P2 TRUE COPY OF THE APPELLATE ORDER PASSED BY THE FIRST RESPONDENT DATED 5.3.2019. EXHIBIT P3 TRUE COPY OF THE MODIFIED ORDER PASSED BY THE FIRST RESPONDENT DATED 3.9.2019. EXHIBIT P4 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE INCOME TAX APPELLATE TRIBUNAL, KOCHI, DATED 4.11.2019. EXHIBIT P5 TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE INCOME TAX APPELLATE TRIBUNAL, KOCHI, DATED 4.11.2019. EXHIBIT P6 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT DATED , 25.10.2019. sd "