KASTHOORBA SERVICE CO-OPERATIVE BANK LTD. V. THE INCOME TAX OFFICER,

WP(C)/34944/2019

AI Insights

The case involves Kasthoornba Service Co-operative Bank Ltd., which filed a writ petition against the Income Tax Department's actions following a rectified order under the Income Tax Act. The dispute centered on the disallowance of a deduction claimed under Section 80P of the Income Tax Act. The petitioner had filed an appeal and a stay petition with the Income Tax Appellate Tribunal, Cochin Bench, but recovery actions were initiated by the respondents before the stay petition was considered. The High 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) 761072 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 19-12-2019
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: CHRISTOPHER ABRAHAM
• Assessee Lawyers: T R HARIKUMAR; ARJUN RAGHAVAN
• Keywords: Appeal; Deduction; Income Tax; Recovery Steps; Stay Petition
• Section: 154; 80P

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941 WP(C).No.34944 OF 2019 PETITIONER/S: KASTHOORBA SERVICE CO-OPERATIVE BANK LTD. NO.681, REPRESENTED BY ITS SECRETARY-IN-CHARGE, CHOOTTAYIL, KILIMANOOR.P.O., THIRUVANANTHAPURAM DISTRICT-695601. BY ADVS. SRI.T.R.HARIKUMAR SRI.ARJUN RAGHAVAN RESPONDENT/S: 1 THE INCOME TAX OFFICER, WRD-2(5), OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX, AAYAKAR BHAVAN, KAWDIAR.P.O., THIRUVANANTHAPURAM, PIN-695003. 2 THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, KAWDIAR.P.O., THIRUVANANTHAPURAM, PIN-695003. 3 THE REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, KENDRIYA BHAVAN, BLOCK NO.C1 AND C2, 1ST FLOOR, KAKKANAD, COCHIN-682030. OTHER PRESENT: SC CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.34944/19 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 3rd respondent. It is the submission 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 for the petitioner and the learned Standing Counsel for the Income Tax Department. 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 cases, 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 3 rd respondent to consider and pass orders on Ext.P4 appeal within an outer time limit of six months from the date of receipt of a copy of this judgment. W.P.(C).No.34944/19 3 Recovery steps for recovery of the amounts confirmed against the petitioner shall be kept in abeyance till such time as orders are passed by the 3 rd respondent as directed above and communicated to the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment before the 3rd respondent for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE okb //True copy// P.S. to Judge W.P.(C).No.34944/19 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2012-2013 DATED 26.3.2015. EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 8.11.2017 IN ITA NO.28/TVM/CIT(A), TVM/2015-16 OF THE 2ND RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 15.10.2019 IN ITA NO.28/TVM/CIT(A), TVM/2015-16 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 154 OF THE INCOME TAX ACT. EXHIBIT P4 A TRUE COPY OF THE APPEAL MEMORANDUM DATED 9.12.2019 ALONG WITH AFFIDAVIT AND CHELAN. EXHIBIT P5 A TRUE COPY OF THE STAY PETITION FILED ALONG WITH EXT.P4 APPEAL DATED 9.12.2019. "