THE ANGADIPPURAM SERVICE CO-OPERATIVE BANK LTD NO. P 581 V. THE COMMISSIONER OF INCOME TAX (APPEALS)

WP(C)/26602/2020

AI Insights

The case involves the Angadippuram Service Co-operative Bank, which appealed against an assessment order under the Income Tax Act. The initial appeal was dismissed, leading to a further appeal and a stay petition before the Income Tax Appellate Tribunal. The primary legal issue was the permissibility of deduction under Section 80P of the Income Tax Act as it applies to Co-operative Societies. The petitioner sought relief from the High Court to stay the recovery proceedings pending the decision on the appeal.

• Counselvise Citation: [2020] 140 COUNSELVISE.COM (IT) 691422 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 01-12-2020
• 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; Co-operative societies; 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 01ST DAY OF DECEMBER 2020 / 10TH AGRAHAYANA, 1942 WP(C).No.26602 OF 2020(A) PETITIONER/S: THE ANGADIPPURAM SERVICE CO-OPERATIVE BANK LTD NO. P 581 ROSHINI PLAZA, ANGADIPPURAM, MALAPPURAM, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.O.D.SIVADAS RESPONDENT/S: 1 THE COMMISSIONER OF INCOME TAX (APPEALS) AYAKAR BHAVAN, KOZHIKODE, PIN - 673001. 2 THA INCOME TAX OFFICER, WARD (4), TIRUR, MALAPPURAM DISTRICT, PIN - 676001. 3 THE INCOME TAX APPELLATE TRIBUNAL KAKKANAD, KOCHI - 682037. OTHER PRESENT: SC: CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.26602 OF 2020(A) 2 JUDGMENT Aggrieved by Ext.P1 assessment order under the Income Tax Act, the petitioner preferred an appeal before the first appellate authority. The same however came to be dismissed by Ext.P2 order. The petitioner therefore preferred Ext.P3 appeal together with Ext.P4 stay petition before the 3rd respondent. It is the case of the petitioner that the issue involved in the appeal is the permissibility of deduction under Section 80P of the Income Tax Act in its application to Co-operative Societies and in similar cases this Court has directed the Appellate Authority to consider the appeal itself within a time frame and to keep in abeyance the recovery proceedings for recovery of amount confirmed against the petitioner by Ext.P1 assessment order. 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 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 directing the 3rd respondent to consider and pass orders on Ext.P3 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 WP(C).No.26602 OF 2020(A) 3 against the petitioner by Ext.P1 assessment order shall be kept in abeyance till such time as orders are passed by the 3rd respondent as directed above and communicated to the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 3rd respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE SJ WP(C).No.26602 OF 2020(A) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF THE ASSESSMENT ORDER DATED 19.12.2019 ISSUED BY THE 2ND RESPONDENT FOR THE PERIOD 2017-18. EXHIBIT P2 COPY OF THE ORDER DATED 08.09.2020 ISSUED BY THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2017-18 EXHIBIT P3 COPY OF THE APPEAL DATED 03.10.2020 FILED BY THE PETITIONER BEFORE THE INCOME TAX APPELLATE TRIBUNAL, KOCHI FOR THE ASSESSMENT YEAR 2017-18 EXHIBIT P4 COPY OF THE STAY PETITION DATED 18.11.2020 FILED BY THE PETITIONER BEFORE THE INCOME TAX APPELLATE TRIBUNAL, KOCHI FOR THE ASSESSMENT YEAR 2017-18 "