KUZHUR SERVICE CO-OPERATIVE BANK LIMITED V. THE INCOME TAX OFFICER

WP(C)/28858/2019

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Kuzhur Service Co-operative Bank Limited filed a writ petition against the assessment orders issued by the Income Tax Officer for the assessment years 2012-2013 and 2017-2018. The bank had appealed these orders and filed stay petitions, which were pending before the Commissioner of Income Tax (Appeals). The primary relief sought in the writ petition was for the expeditious consideration of these appeals. The court, referencing a similar case, directed the Commissioner to resolve the appeals within six months and to stay any recovery actions until the appeals were decided.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 754572 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 29-10-2019
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: K S NAIR; HARIMA HARIHARAN
• Keywords: Appeal; Assessment Order; Deduction; Income Tax; Stay Petition
• Section: 80P

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 29TH DAY OF OCTOBER 2019 / 7TH KARTHIKA, 1941 WP(C).No.28858 OF 2019(F) PETITIONER: KUZHUR SERVICE CO-OPERATIVE BANK LIMITED KUZHUR P.O. THRISSUR 680 734, REPRESENTED BY ITS SECRETARY SMT. SUNITHA.V.R. BY ADVS. SRI.K.S.HARIHARAN NAIR SMT.HARIMA HARIHARAN RESPONDENTS: 1 THE INCOME TAX OFFICER WARD 2 (20 RANG-2, AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR 680 001. 2 THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGR, THRISSUR 680 001. OTHER PRESENT: SC JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.28858 OF 2019 2 JUDGMENT Against Exts.P1 and P1(a) assessment orders for the assessment years 2012-2013 and 2017-2018 under the Income Tax Act, the petitioner has preferred Exts.P2 and P2(a) appeals together with Exts.P3 and P3(a) stay petitions before the 2nd respondent. The limited prayer of the petitioner in the writ petition is for a direction to the 2nd respondent to consider and pass orders in the appeal, expeditiously, after hearing the petitioner. 2. I have heard the learned counsel appearing for the petitioner and also the learned Government Pleader appearing for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I find that the appeals preferred against Exts.P1 and P1(a) orders before the 2nd respondent pertain to the issue of deduction under Section 80P of the Income Tax Act. In similar matters, a Division Bench of this Court has directed a consideration of the appeals by the First Appellate Authority and has stayed the recovery of confirmed demands from the assessees in the meanwhile. Taking cue from the said judgment of this Court, I dispose the writ petition with a direction to the 2nd respondent to consider and pass orders on Exts.P2 and P2(a) appeals within an outer time limit of six months from the date of receipt of a copy of this judgment, after hearing the petitioner. It is made clear that recovery steps for recovery of the amounts confirmed against the petitioner by Exts.P1 and P1(a) assessment orders shall be kept in abeyance till such time as the orders are passed by the WP(C).No.28858 OF 2019 3 2nd respondent as directed and the order communicated to the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 2nd respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE SJ WP(C).No.28858 OF 2019 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER DATED 27.09.2019 ISSUED BY THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2012-13. EXHIBIT P1 A COPY OF ASSESSMENT ORDER DATED 27.09.2019 ISSUED BY THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2017-18. EXHIBIT P2 COPY OF APPEAL MEMORANDUM DATED 23.10.2019 AGAINST EXT. P1 EXHIBIT P2 A COPY OF APPEAL MEMORANDUM DATED 23.10.2019 AGAINST EXT. P1(a) EXHIBIT P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 23.10.2019. EXHIBIT P3 A COPY OF STAY PETITIONER FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 23.10.2019. "