NEERIKKODE SERVICE CO-OPERATIVE BANK LIMITED NO.1682 V. THE COMMISSIONER OF INCOME TAX(APPEALS)

WP(C)/8628/2021

AI Insights

The case involves two writ petitions filed by Neerikkode Service Co-operative Bank Limited and Thavanoor Service Co-operative Bank Limited against the Commissioner of Income Tax (Appeals) and other tax officials. The primary issue was the demand for 20% of the assessed amount under the assessment orders during the pendency of statutory appeals concerning the denial of benefits under Section 80(P) of the Income Tax Act. The High Court of Kerala referenced previous judgments, particularly the Full Bench decision, to support its ruling that the collection of disputed taxes should be paused until the appeals are adjudicated.

• Counselvise Citation: [2021] 140 COUNSELVISE.COM (IT) 753108 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 31-03-2021
• Assessment Year: misc
• Other Referred Cases: The Angadipuram Service Co-operative Bank Ltd. v. The Commissioner of Income Tax (Appeals)
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: CHRISTOPHER ABRAHAM
• Assessee Lawyers: O D SIVADAS
• Keywords: Assessment Order; Income Tax; Section 80 P; Statutory Appeal
• Section: 80(P)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.M.BADAR WEDNESDAY, THE 31ST DAY OF MARCH 2021 / 10TH CHAITHRA, 1943 WP(C).No.8628 OF 2021(C) PETITIONER: NEERIKKODE SERVICE CO-OPERATIVE BANK LIMITED NO.1682, NEERIKKODE, (VIA) ALANGAD, ALUVA, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: 1 THE COMMISSIONER OF INCOME TAX(APPEALS), AYAKAR BHAVAN, OFFICE OF COMMISSIONER, KOCHI-682 018. 2 THE INCOME TAX OFFICER, WARD(3), ALUVA, ERNAKULAM DISTRICT, PIN-683 101. BY SRI.CHRISTOPHER ABRAHAM, STANDING COUNSEL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.03.2021, ALONG WITH W.P.(C) NO.8643/2021 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).Nos.8628 OF 2021 and 8643 of2021 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.M.BADAR WEDNESDAY, THE 31ST DAY OF MARCH 2021 / 10TH CHAITHRA, 1943 WP(C).No.8643 OF 2021(E) PETITIONER: THAVANOOR SERVICE CO-OPERATIVE BANK LIMITED NO.P. 516, THAVANOOR, PONNANNI, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: 1 THE NATIONAL FACELESS APPEAL CENTRE, NEW DELHI, 110 001, REPRESENTED BY THE PRINCIPAL CHIEF COMMISSIONER. 2 THE ADDITIONAL/JOINT/DEPUTY/ASST. COMMISSIONER OF INCOME TAX/INCOME TAX OFFICER, NATIONAL E-ASSESSMENT CENTRE, NEW DELHI-100 001. 3 THE INCOME TAX OFFICER, WARD 4, TIRUR, MALAPPPURAM DISTRICT, PIN-676 001. R1-3 BY CHRISTOPHER ABRAHAM, STANDING COUNSEL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.03.2021, ALONG WITH W.P.(C) NO.8628/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).Nos.8628 OF 2021 and 8643 of2021 3 JUDGMENT (W.P.(C) No.8628 of 2021, W.P.(C) No.8643 of 2021) Dated this the 31st day of March 2021 Heard both sides. 2. The question for consideration involved in these writ petitions is whether during pendency of this statutory appeal in the wake of denial of benefit of Section 80 (P) of the Income Tax Act, the respondents are justified in demanding 20% of the amount assessed under the assessment order. The said question has already been decided by this Court in series of judgments including judgments dated 01-07-2019 in The Angadipuram Service Co-operative Bank Ltd. v. The Commissioner of Income Tax (Appeals). In the light of the ratio of this judgment, the petition is allowed by directing the Commissioner of Income Tax (Appeals) to consider and WP(C).Nos.8628 OF 2021 and 8643 of2021 4 dispose of the statutory appeal filed by the petitioner at the earliest taking note of the Full Bench decision covering the issue involved in this matter and till then the respondents are directed to keep in abeyance the recovery and collection of taxes under the assessment order. Sd/- A.M.BADAR JUDGE SSK/31/03 //TRUE COPY// PA TO JUDGE WP(C).Nos.8628 OF 2021 and 8643 of2021 5 APPENDIX OF WP(C) NO.8628/2021 PETITIONER'S EXHIBITS: EXHIBIT P1 COPY OF THE ASSESSMENT ORDER DATED 04.03.2016 ISSUED BY THE 2ND RESPONDENT FOR THE ASSESSMENT PERIOD 2013-14. EXHIBIT P2 COPY OF THE ASSESSMENT ORDER DATED 19.12.2016 ISSUED BY THE 2ND RESPONDENT FOR THE ASSESSMENT PERIOD 2014-15. EXHIBIT P3 COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE PERIOD 2013-14 DATED 25.05.2016. EXHIBIT P4 COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE PERIOD 2014-15 DATED 07.11.2018. EXHIBIT P5 COPY OF THE PROCEEDINGS DATED 22.03.2021 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P6 COPY OF THE JUDGMENT DATED 01.07.2019 IN WA NO.1536 OF 2019 RENDERED BY THIS HON'BLE COURT. EXHIBIT P7 COPY OF THE JUDGMENT DATED 17.03.2020 IN WP(C) NO.8193 OF 2020 RENDERED BY THIS HON'BLE COURT. EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 08.05.2020 IN WA NO.642 OF 2020 RENDERED BY THIS HON'BLE COURT RESPONDENT'S EXHIBITS:NIL SSK //TRUE COPY// PA TO JUDGE WP(C).Nos.8628 OF 2021 and 8643 of2021 6 APPENDIX OF WP(C) NO.8643/2021 PETITIONER'S EXHIBITS: EXHIBIT P1 COPY OF THE ASSESSMENT ORDER DATED 17.2.2021 ISSUED BY THE 2ND RESPONDENT FOR THE ASSESSMENT PERIOD 2018-19. EXHIBIT P2 COPY OF THE NOTICE DATED 17.2.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P3 COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE IST RESPONDENT FOR THE PERIOD 2018-19 DATED 14.3.2021. EXHIBIT P4 COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE IST RESPONDENT FOR THE PERIOD 2018-19. EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 1.7.2019 IN WA NO.1536 OF 2019 RENDERED BY THIS HON'BLE COURT. EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 17.3.2020 IN WPC NO.8193 OF 2020 RENDERED BY THIS HON'BLE COURT. EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 8.5.2020 IN WA NO.642 OF 2020 RENDERED BY THIS HON'BLE COURT. RESPONDENT'S EXHIBITS:NIL SSK //TRUE COPY// PA TO JUDGE "