ITHITHANAM SERVICE CO-OPERATIVE BANK LTD. V. ADDITIONAL/JOINT/DEPUTY AND ASSISTANT COMMISSIONER OF INCOME TAX

WP(C)/23696/2021

AI Insights

The case involves Ithithanam Service Co-operative Bank Ltd., represented by its secretary, Mrs. Sensamma Sebastian, who filed a writ petition against the Additional/Joint/Deputy and Assistant Commissioner of Income Tax and the Commissioner of Income Tax (Appeals). The petitioner sought a direction for the expeditious handling of their appeal concerning the entitlement to a deduction under Section 80P of the Income Tax Act, which was pending before the 1st respondent. The court considered the precedent set by the Supreme Court in the case of Mavilayi Service Co-operative Bank Ltd. & Others v. Commissioner of Income Tax, Calicut & Another, and decided to expedite the appeal process and stay any coercive actions based on the assessment order.

• Counselvise Citation: [2021] 140 COUNSELVISE.COM (IT) 751698 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 01-11-2021
• Assessment Year: misc
• Other Referred Cases: Mavilayi Service Co-operative Bank Ltd. & Others v. Commissioner of Income Tax, Calicut & Another [2021 (1) KHC 303]
• Laws Referred To: Section 80P of the Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: A KUMAR P J ANILKUMAR G MINI
• Keywords: Assessment Order; Deduction; Income Tax; Stay of demand; Time-bound disposal
• Section: 80P

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 1ST DAY OF NOVEMBER 2021 / 10TH KARTHIKA, 1943 WP(C) NO. 23696 OF 2021 PETITIONER : ITHITHANAM SERVICE CO-OPERATIVE BANK LTD., MALAKUNNAM P. O., CHANGANACHERRY, KOTTAYAM - 686 535, REPRESENTED BY ITS SECRETARY, MRS. SENSAMMA SEBASTIAN. BY ADVS. A.KUMAR P.J.ANILKUMAR G.MINI(1748) P.S.SREE PRASAD RESPONDENTS : 1 ADDITIONAL/JOINT/DEPUTY AND ASSISTANT COMMISSIONER OF INCOME TAX, NATIONAL E-ASSESSMENT CENTRE, DELHI - 110 001. 2 THE COMMISSIONER OF INCOME TAX (APPELAS) NATIONAL FACELESS APPEAL CENTRE, DELHI - 110001. BY ADV.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 23696 OF 2021 2 BECHU KURIAN THOMAS, J. =-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No.23696 of 2021 =-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 1st day of November, 2021 JUDGMENT The writ petitioner seeks for a direction to consider and pass orders on Ext.P3 appeal as expeditiously as possible without insisting on any payment of any amount for stay of the demand as per Ext.P1 assessment order. 2. I have heard Adv.A.Kumar, learned counsel for the writ petitioner as well as the learned Standing Counsel, Sri.Jose Joseph for the respondents. 3. The issue in the appeal before the appellate court arises from an assessment order, in which the question of entitlement of the benefit of deduction under Section 80P of the Income Tax arises for consideration. The judgment in Mavilayi Service Co-operative Bank Ltd. & Others v. Commissioner of Income Tax, Calicut & Another reported in [2021 (1) KHC 303] governs the appeal. 4. Since the assessment order is already challenged and is now pending in appeal before the 1st respondent, I am of the opinion that in the circumstances of the case, the appeal itself can be WP(C) NO. 23696 OF 2021 3 directed to be disposed of in a time bound manner and as expeditiously as possible, taking note of the contention of the counsel for the assessee that the matter is covered by the decision of the apex court. 5. In the circumstances, there will be a direction to the 1st respondent to dispose of the appeal filed by the petitioner as expeditiously as possible in a time bound manner. Taking note of the exceptional circumstances arising in the case, especially, in the light of the Supreme Court judgment referred to above, there shall be a stay of all coercive steps against Ext.P1 assessment order pending disposal of the appeal before the 1st respondent. The writ petition is disposed of accordingly. Sd/- BECHU KURIAN THOMAS, JUDGE RKM WP(C) NO. 23696 OF 2021 4 APPENDIX OF WP(C) 23696/2021 PETITIONER'S EXHIBITS : Exhibit P1 TRUE COPY OF THE ASSESSMENT ORDER FOR THE ASSESSMENT YEAR 2018-19 DATED 30.03.2021. Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 30.03.2021. Exhibit P3 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 30.04.2021. Exhibit P4 TRUE COPY OF THE APPLICATION FOR STAY DATED 22.10.2021. Exhibit P5 TRUE COPY OF THE JUDGMENT IN ITA NO.72/2019 AND CONNECTED CASE DATED 16.03.2021. Exhibit P6 TRUE COPY OF THE ORDER IN WRIT PETITION (C) NO.10451/2021 DATED 27.04.2021. "