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

WP(C)/32533/2019

AI Insights

The case involves the Akathethara Service Co-operative Bank Limited, which challenged a conditional stay order related to an income tax assessment for the year 2016-17. The petitioner had filed an appeal against the assessment order and a stay petition, which was conditionally granted by the Commissioner of Income Tax (Appeals). The petitioner argued that similar cases had been decided by a Division Bench of the High Court, which did not require a pre-deposit for stay of recovery. The court, referencing the Division Bench judgment, quashed the conditional stay order and directed the Commissioner to decide on the appeal without the pre-deposit condition.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 695357 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 02-12-2019
• Assessment Year: misc
• Other Referred Cases: W .A.No.1649 of 2019 and connected cases
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: HARISANKAR MENON; MEERA MENON; K KRISHNA
• Keywords: Appeal; Assessment Order; Conditional stay order; Deduction under section 80P; Income Tax
• Section: 80P

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 02ND DAY OF DECEMBER 2019 / 11TH AGRAHAYANA, 1941 WP(C).No.32533 OF 2019(N) PETITIONER: THE AKATHETHARA SERVICE CO-OPERATIVE BANK LIMITED, NO.F-1514, AKATHETHARA P.O., PALAKKAD - 678 008, REPRESENTED BY ITS SECRETARY, SUBHA VARMA P., AGED 52, S/O.V.K.PRABHAKARA VARMA. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SMT.K.KRISHNA RESPONDENTS: 1 THE INCOME TAX OFFICER, WARD I AND TPS, AYAKAR BHAVAN, PALAKKAD - 678 014. 2 THE COMMISSIONER OF INCOME TAX (APPEALS), SAKTHAN NAGAR, THRISSUR - 680 021. BY ADV. SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.32533 OF 2019(N) 2 JUDGMENT Against Ext.P1 assessment order under the Income Tax Act, the petitioner has preferred Ext.P2 appeal before the 2nd respondent. Along with the appeal the petitioner had also preferred stay petition, which came to be disposed by Ext.P4 conditional stay order passed by the 2nd respondent. It is the case of the petitioner that in identical cases involving the deduction under Section 80P of the Income Tax Act a Division Bench of this Court has in the judgment dated 19.07.2019 in W .A.No.1649 of 2019 and connected cases (Ext.P5) directed the 1st appellate authority to consider and pass orders in the appeal without insisting on any pre-deposit as a condition for stay of recovery of the balance amounts confirmed against the assessee. 2. I have heard the learned counsel appearing for the petitioner as also the learned Standing counsel appearing for the Income Tax Department. 3. On a consideration of the facts and circumstances of the case as also the submissions made across the bar and taking note of the Division Bench judgment referred above, I dispose the Writ Petition by WP(C).No.32533 OF 2019(N) 3 quashing Ext.P4 conditional stay order and directing the 2nd respondent to consider and pass orders on Ext.P2 appeal within an outer time limit of six months from the date of receipt of a copy of this judgment, after hearing the petitioner. Recovery steps for recovery of amounts confirmed against the petitioner by the assessment order shall be kept in abeyance till such time as orders are passed by the 2nd respondent as directed and communicated to the petitioner. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE mns WP(C).No.32533 OF 2019(N) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2016-17 DATED 26.12.2018. EXHIBIT P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2016-17 DATED 16.01.2019. EXHIBIT P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2016- 17 DATED 15.01.2019. EXHIBIT P4 COPY OF ORDER ISSUED BY THE 2ND RESPONDENT DATED 07.11.2019. EXHIBIT P5 COPY OF JUDGMENT IN W.A.NO.1649/2019 OF THIS HON'BLE COURT DATED 19.07.2019. EXHIBIT P6 COPY OF JUDGMENT IN W.P.(C) NOS.21015 & 20995/2019 OF THIS HON'BLE COURT DATED 19.08.2019. EXHIBIT P6 A COPY OF JUDGMENT IN W.P.(C) NO.22496/2019 OF THIS HON'BLE COURT DATED 19.08.2019. RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE "