ELANTHOOR SERVICE CO-OPERATIVE BANK LTD.NO.460 V. THE UNION OF INDIA

WP(C)/30242/2019

AI Insights

The case involves Elanthoor Service Co-operative Bank Ltd., which challenged an assessment order under the Income Tax Act that disallowed a deduction under Section 80P. The bank filed an appeal and a stay petition with the Commissioner of Income Tax (Appeals). The High Court of Kerala at Ernakulam, considering similar precedents, directed the appellate authority to resolve the appeal within six months and stay any recovery actions until the appeal's resolution.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 734371 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 11-11-2019
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: T T BIJU; T THASMI
• Keywords: Appeal; Assessment Order; Deduction Disallowance; Income Tax; Section 80P; Stay Petition
• Section: 143(1); 80P; 119(2)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 11TH DAY OF NOVEMBER 2019 / 20TH KARTHIKA, 1941 WP(C).No.30242 OF 2019(E) PETITIONER/S: ELANTHOOR SERVICE CO-OPERATIVE BANK LTD.NO.460 ELANTHOOR P.O., PATHANAMTHITTA-689643, REPRESENTED BY ITS SECRETARY. BY ADVS. SRI.T.T.BIJU SMT.T.THASMI RESPONDENT/S: 1 THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, SOUTH BLOCK, NEW DELHI-110001. 2 THE INCOME TAX OFFICER, WARD-5, THIRUVALLA, PATHANAMTHITTA-689101. 3 THE CENTRAL BOARD OF DIRECT TAXES, NEW DELHI, REPRESENTED BY THE PRINCIPAL COMMISSIONER OF INCOME TAX, PUBLIC LIBRABRY BUILDING, KOTTAYAM-686001. 4 THE COMMISSIONER OF INCOME TAX (APPEALS), PUBLIC LIBRARY BUILDING, SASTRI ROAD, KOTTAYAM- 686001. OTHER PRESENT: SC, JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) No.30242/19 2 JUDGMENT Against Ext.P1 assessment order under the Income Tax Act the petitioner has preferred Ext.P3 appeal and P3(a) stay petition before the 4th respondent. It is pointed out that the issue involved in the appeal is the disallowance of deduction under Section 80P of the Income Tax Act. 2. I have heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Taking note of the fact that in similar cases this Court has directed the appellate authority to consider and pass orders on the appeal and stayed recovery steps pending disposal of the appeal by the first appellate authority, there will be a direction to the 4th 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. Recovery steps for recovery of amounts confirmed against the petitioner by Ext.P1 assessment order shall be kept in abeyance till such time as the 4th respondent passes orders on Ext.P3 appeal as directed and communicates the same to the petitioner. The petitioner shall produce a copy of the writ petition and a copy of this judgment before the 4th respondent for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE okb //True copy// P.S. to Judge W.P(C) No.30242/19 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE INTIMATION UNDER SECTION 143(1) OF THE INCOME TAX ACT, IN PAN- AAAAE1867C WITH REFERENCE NO.CPC/1819/A5/1901907532 DATED 29.06.2019. EXHIBIT P2 TRUE COPY OF THE LETTER NO.ITBA/COM/F/17/2019-20/1019202519(1) REQUIRING REMITTANCE OF TAX ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE STATUTORY APPEAL FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE STAY APPLICATION FILED WITH THE 4TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR DELAY CONDONATION U/S 119(2) FILED BEFORE THE 3RD RESPONDENT FOR GRANTING RELAXATION IN THE REQUIREMENT. EXHIBIT P5 TRUE COPY OF THE AUDIT CERTIFICATE DATED 31.10.2018 ISSUED BY THE JOINT-REGISTRAR OF CO-OPERATIVE AUDIT, PATHANAMTHITTA. EXHIBIT P6 TRUE COPY OF THE INCOME TAX AUDIT REPORT DATED 30.11.2018 UPLOADED BY THE INCOME TAX AUDITOR ON 14.02.2019 AND THE SCREEN SHOT OF ITS UPLOAD PARTICULARS. EXHIBIT P7 TRUE COPY OF THE INCOME TAX RETURN WITH ACKNOWLEDGEMENT NO.421556651150219 FILED BY THE PETITIONER ON 15.02.2019. "