THE KODUR SERVICE CO OPERATIVE BANK LTD., F 1523, V. THE COMMISSIONER OF INCOME TAX (APPEALS),

WP(C)/35450/2019

AI Insights

The case involves the Kodur Service Cooperative Bank Ltd., which challenged the assessment orders issued by the Income Tax Officer for various financial years. The bank appealed these orders and sought a stay on the recovery of the assessed amounts under Section 220(6) of the Income Tax Act. The initial stay request was partially granted, requiring the bank to remit 20% of the disputed amounts. The main legal issue was the disallowance of a deduction claimed under Section 80P of the Income Tax Act. The High Court's decision focused on ensuring a timely resolution of the appeals and preventing immediate financial burden on the petitioner during the appeal process.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 754358 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 20-12-2019
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: CHRISTOPHER ABRAHAM
• Assessee Lawyers: O D SIVADAS
• Keywords: Appeal; Assessment Order; Deduction Disallowance; Income Tax; Recovery Stay
• Section: 80P; 220(6)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 20TH DAY OF DECEMBER 2019/29TH AGRAHAYANA, 1941 W.P(C).No.35450 OF 2019 PETITIONER: THE KODUR SERVICE CO OPERATIVE BANK LTD., F 1523 KODUR P.O., MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: 1.THE COMMISSIONER OF INCOME TAX (APPEALS) AYAKAR BHAVAN, KOZHIKODE – 673 001. 2.THE INCOME TAX OFFICER, WARD (4), TIRUR 676 001. BY SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.35450/2019 :: 2 :: J U D G M E N T Against Exts.P1 and P3 assessment orders under the Income Tax Act, the petitioner has preferred Exts.P4 to P6 appeals before the 1st respondent. In the meanwhile, the petitioner also sought for an order under Section 220(6) of the Income Tax Act for staying the recovery pending disposal of the appeals. The said application was disposed by Ext.P7 order that directed the petitioner to remit 20% of the amounts confirmed against him pending disposal of the appeals. 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 Standing counsel appearing for the respondents. On a consideration of the facts and circumstances of the case W.P.(C).No.35450/2019 :: 3 :: 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 by directing the 1st respondent to consider and pass orders on Exts.P4 to P6 appeals within an outer time limit of six months from the date of receipt of a copy of this judgment. Recovery steps for recovery of amounts confirmed against the petitioner by Exts.P1 and P3 assessment orders shall be kept in abeyance till such time as orders are passed by the 1st respondent as directed above and communicated to the petitioner. In view of the directions issued above, Ext.P7 order stands quashed. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 1st respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE prp/20/12/19 W.P.(C).No.35450/2019 :: 4 :: APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ASSESSMENT ORDER DATED 23.02.2016 ISSUED BY THE 2ND RESPONDENT FOR THE PERIOD 2008-09. EXT.P2: COPY OF THE ASSESSMENT ORDER DATED 24.12.2016 ISSUED BY THE 2ND RESPONDENT FOR THE PERIOD 2009-10. EXT.P3: COPY OF THE ASSESSMENT ORDER DATED 24.12.2016 ISSUED BY THE 2ND RESPONDENT FOR THE PERIOD 2014-15. EXT.P4: COPY OF THE APPEAL DATED 14.7.2016 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE PERIOD 2008-09. EXT.P5: COPY OF THE APPEAL DATED 27.01.2017 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE PERIOD 2009-10. EXT.P6: COPY OF THE APPEAL DATED 27.01.2017 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE PERIOD 2014-15. EXT.P7: COPY OF THE ORDER DATED 11.12.2019 ISSUED BY THE 2ND RESPONDENT. RESPONDENTS EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE "