KUNNAMKULAM CO-OPERATIVE URBAN BANK LTD NO. 698, V. THE COMMISSIONER OF INCOME TAX ( APPEALS)

WP(C)/19375/2022

AI Insights

Kunnamkulam Co-operative Urban Bank Ltd filed writ petitions against the assessment orders issued by the Income Tax Department for the assessment years 2014-15, 2015-16, and 2016-17, claiming exemption under Section 80P of the Income Tax Act. The petitioner argued that the issue was covered in their favor by a Supreme Court decision in Mavilayi Service Co-operative Bank Ltd. and others v. Commissioner of Income Tax. The High Court of Kerala, considering similar past cases and the Supreme Court's precedent, directed the Commissioner of Income Tax (Appeals) to hear the appeals and keep the demands based on the assessment orders in abeyance until a decision is made.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 685871 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 15-06-2022
• Assessment Year: misc
• Other Referred Cases: Mavilayi Service Co-operative Bank Ltd. and others v. Commissioner of Income Tax and another; 2021 (1) KHC 303 (SC)
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: P C SASIDHARAN
• Keywords: Assessment Order; Co-operative Bank; Exemption; Income Tax
• Section: 80P

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 15TH DAY OF JUNE 2022 / 25TH JYAISHTA, 1944 WP(C) NO. 19375 OF 2022 PETITIONER: KUNNAMKULAM CO-OPERATIVE URBAN BANK LTD NO. 698, KUNNAMKULAM, THRISSUR- 680 503, REPRESENTED BY ITS SECRETARY. BY ADV P.C.SASIDHARAN RESPONDENTS: 1 THE COMMISSIONER OF INCOME TAX (APPEALS) NATIONAL FACELESS APPEAL CENTRE, ROOM NO. 356, C.R. BUILDING, IP ESTATE, DELHI 110 002. 2 THE COMMISSIONER OF INCOME TAX , (APPEALS), O/O. THE COMMISSIONER OF INCOME TAX , AYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR, KERALA 680 001. 3 THE INCOME TAX OFFICER, WARD 1 & TPS, CITY PLAZA, INCOME TAX OFFICE, WEST NADA, GURUVAYOOR, KERALA 680 101. OTHER PRESENT: SRI. JOSE JOSEPH (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.19375/2022 -2- J U D G M E N T The petitioner has preferred appeals against assessment orders namely Exts.P1, P4 and P7 relating to assessment years 2014-15, 2015-16 and 2016-17 respectively. The appeals filed against Exts.P1, P4 and P7 are Exts.P2, P5 and P8. The petitioner claims exemption under Section 80P of the Income Tax Act. It is submitted that the issue is covered in favour of the petitioner by Mavilayi Service Co-operative Bank Ltd. and others v. Commissioner of Income Tax and another; 2021 (1) KHC 303 (SC). 2. Having regard to the above facts and considering the fact that similar matters have been disposed of by this court directing any coercive steps to be kept in abeyance till a decision is taken on statutory appeals, this writ petition is disposed of directing the 1st respondent to consider and pass orders on Exts.P2, P5 and P8 appeals after affording an opportunity of hearing to the petitioner. It is directed that any demand pursuant to Exts.P1, P4 and P7 shall be kept in abeyance till orders as passed on Exts.P2, P5 and P8. Sd/- GOPINATH P. JUDGE AMG W.P (C) No.19375/2022 -3- APPENDIX OF WP(C) 19375/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ASSESSMENT ORDER FOR THE ASSESSMENT YEAR 2014-15 DATED 30.03.2022 ISSUED BY THE 1ST RESPONDENT. Exhibit P2 TRUE COPY OF THE APPEAL DATED 29.04.2022 AGAINST THE ASSESSMENT ORDER. Exhibit P3 TRUE COPY OF THE STAY PETITION DATED 29.04.2022 FILED BEFORE THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE ASSESSMENT ORDER FOR THE ASSESSMENT YEAR 2015-16 DATED 30.03.2022 ISSUED BY THE 1ST RESPONDENT. Exhibit P5 TRUE COPY OF THE APPEAL DATED 4.05.2022 AGAINST THE ASSESSMENT ORDER. Exhibit P6 TRUE COPY OF THE STAY PETITION DATED 29.04.2022 FILED BEFORE THE 2NDS RESPONDENT. Exhibit P7 TRUE COPY OF THE ASSESSMENT ORDER FOR THE ASSESSMENT ORDER FOR THE ASSESSMENT YEAR 2016-17 DATED 30.03.2022 ISSUED BY THE 1ST RESPONDENT. Exhibit P8 TRUE COPY OF THE APPEAL DATED 5.05.2022 AGAINST THE ASSESSMENT ORDER. Exhibit P9 TRUE COPY OF THE STAY PETITION DATED 5.05.2022 FILED BEFORE THE 2ND RESPONDENT. Exhibit P10 TRUE COPY OF THE REQUEST FOR CONDONATION OF DELAY IN FILING APPEAL BEFORE THE 1ST RESPONDENT. Exhibit P11 TRUE COPY OF THE DEMAND NOTICE DATED 3.6.2022 ISSUED BY THE 3RD RESPONDENT Exhibit P12 TRUE COPY OF THE JUDGMENT IN W.P.C NO. 27560/2019 DATED 16.10.2019. Exhibit P13 TRUE COPY OF THE JUDGMENT IN W.PC NO. 25647/2021 DATED 18.11.2021. Exhibit P14 TRUE COPY OF THE JUDGMENT IN W.P(C) NO. 26935/2021 DATED 30.11.2021. "