THE EDATHIRINJI SERVICE CO-OPERATIVE BANK LTD V. THE INCOME TAX OFFICER

WP(C)/28675/2019

AI Insights

The case involves the EdathirinjI Service Co-operative Bank Ltd., which filed multiple writ petitions against the Income Tax Officer and the Commissioner of Income Tax (Appeals) concerning various assessment years. The primary issue in these petitions was the denial of deduction under Section 80P of the Income Tax Act to the petitioner, a co-operative society. The petitioner sought the disposal of their pending appeals and a stay on the recovery of amounts confirmed by the assessment orders until the appeals were resolved. The court referenced a previous Division Bench judgment that mandated no recovery proceedings against assessees pending the disposal of their appeals by the 1st Appellate Authority.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 754574 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 28-10-2019
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Assessee Lawyers: HARISANKAR MENON; MEERA MENON
• Keywords: Assessment orders; Co-operative societies; Deduction; Income Tax; Recovery proceedings
• Section: 80P

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941 WP(C).No.28698 OF 2019 PETITIONER: THE EDATHIRINJI SERVICE CO-OPERATIVE BANK LTD., NO.R-137, EDATHIRINJI.P.O., THRISSUR-680122, REPRESENTED BY ITS SECRETARY, C.K.SURESH BABU, AGED S/O.KOCHURAMAN. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS: 1 THE INCOME TAX OFFICER, WARD 2(1), INCOME TAX DEPARTMENT, SAKTHANTHAMPURAM NAGAR, THRISSUR-680001. 2 THE COMMISSIONER OF INCOME TAX (APPEALS), SAKTHANTHAMPURAN NAGAR, THRISSUR-680001. OTHER PRESENT: SC, JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.10.2019,ALONG WITH W.P(C)NO.28669/2019, W.P(C)NO 28671/2019, W.P(C)NO 28680/2019, W.P(C)NO 28675/2019 & W.P(C)NO. 28690/2019 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.28698 OF 2019 & CONNECTED CASES : 2 : IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941 WP(C).No.28690 OF 2019 PETITIONER: THE EDATHIRINJI SERVICE CO-OPERATIVE BANK LTD., NO. R-137, EDATHIRINJI P.O, THRISSUR-680 122, REPRESENTED BY ITS SECRETARY, C.K. SURESH BABU, S/O. KOCHURAMAN. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS: 1 THE INCOME TAX OFFICER WARD 2(1), INCOME TAX DEPARTMENT, SAKTHANTHAMPURAN NAGAR, THRISSUR-680 001 2 THE COMMISSIONER OF INCOME TAX (APPEALS) SAKTHANTHAMPURAN NAGAR, THRISSUR-680 001 OTHER PRESENT: SC JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.10.2019, ALONG WITH W.P(C)NO.28669/2019, W.P(C)NO 28671/2019, W.P(C)NO 28680/2019, W.P(C)NO 28675/2019& W.P(C)NO. 28698/2019 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.28698 OF 2019 & CONNECTED CASES : 3 : IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941 WP(C).No.28675 OF 2019 PETITIONER: THE EDATHIRINJI SERVICE CO-OPERATIVE BANK LTD NO.R-137, EDATHIRINJI P. O., THRISSUR - 680 122, REPRESENTED BY ITS SECRETARY, C. K. SURESH BABU, AGED 57, S/O. KOCHURAMAN. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS: 1 THE INCOME TAX OFFICER WARD 2(1), INCOME TAX DEPARTMENT, SAKTHANTHAMPURAN NAGAR, THRISSUR - 680 001. 2 THE COMMISSIONER OF INCOME TAX (APPEALS) SAKTHANTHAMPURAN NAGAR, THRISSUR - 680 001. OTHER PRESENT: SC JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.10.2019, ALONG WITH W.P(C)NO.28669/2019, W.P(C)NO 28671/2019, W.P(C)NO 28680/2019, W.P(C)NO 28698/2019, W.P(C)NO. 28690/2019 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.28698 OF 2019 & CONNECTED CASES : 4 : IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941 WP(C).No.28680 OF 2019 PETITIONER: THE EDATHIRINJI SERVICE CO-OPERATIVE BANK LTD., NO.R-137, EDATHIRINJI P.O., THRISSUR - 680 122, REPRESENTED BY ITS SECRETARY, C.K.SURESH BABU, AGED 57, S/O.KOCHURAMAN. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS: 1 THE INCOME TAX OFFICER, WARD 2(1), INCOME TAX DEPARTMENT, SAKTHANTHAMPURAM NAGAR, THRISSUR - 680 001. 2 THE COMMISSIONER OF INCOME TAX (APPEALS), SAKTHANTHAMPURAM NAGAR, THRISSUR - 680 001. OTHER PRESENT: SC JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.10.2019, ALONG WITH W.P(C)NO.28669/2019, W.P(C)NO 28671/2019, W.P(C)NO 28698/2019, W.P(C)NO 28675/2019 & W.P(C)NO. 28690/2019 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.28698 OF 2019 & CONNECTED CASES : 5 : IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941 WP(C).No.28671 OF 2019 PETITIONER/S: THE EDATHIRINJI SERVICE CO-OPERATIVE BANK LTD. NO.R-137, EDATHIRINJI P. O., THRISSUR - 680 122, REPRESENTED BY ITS SECRETARY, C. K. SURESH BABU, AGED 57, S/O. KOCHURAMAN. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENT/S: 1 THE INCOME TAX OFFICER WARD 2(1), INCOME TAX DEPARTMENT, SAKTHANTHAMPURAN NAGAR, THRISSUR - 680 001. 2 THE COMMISSIONER OF INCOME TAX (APPEALS) SAKTHANTHAMPURAN NAGAR, THRISSUR - 680 001. OTHER PRESENT: SC JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.10.2019, ALONG WITH W.P(C)NO.28669/2019, W.P(C)NO 28698/2019, W.P(C)NO 28680/2019, W.P(C)NO 28675/2019, W.P(C)NO. 28690/2019 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.28698 OF 2019 & CONNECTED CASES : 6 : IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941 WP(C).No.28669 OF 2019 PETITIONER/S: THE EDATHIRINJI SERVICE CO-OPERATIVE BANK LTD., NO.R-137, EDATHIRINJI P.O., THRISSUR - 680 122, REPRESENTED BY ITS SECRETARY, C.K.SURESH BABU, AGED 57, S/O.KOCHURAMAN. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENT/S: 1 THE INCOME TAX OFFICER, WARD 2 (1), INCOME TAX DEPARTMENT, SAKTHANTHAMPURAN NAGAR, THRISSUR - 680 001. 2 THE COMMISSIONER OF INCOME TAX (APPEALS), SAKTHANTHAMPURAN NAGAR, THRISSUR - 680 001. OTHER PRESENT: SC JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.10.2019, ALONG WITH W.P(C)NO.28698/2019, W.P(C)NO 28671/2019, W.P(C)NO 28680/2019, W.P(C)NO 28675/2019, W.P(C)NO. 28690/2019 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.28698 OF 2019 & CONNECTED CASES : 7 : JUDGMENT In all these writ petitions, the petitioner seeks disposal of the appeal pending before the 2nd respondent for various assessment years under the Income Tax Act and a stay of recovery of amounts confirmed by the assessment orders concerned, pending disposal of the appeal. I note that in all these matters, the issue pertains to the grant of deduction under Section 80P of the IT Act, to Co-operative Societies. In these matters, a Division Bench of this Court has directed that there should be no recovery proceedings against the assessees, pending disposal of the appeals by the 1st Appellate Authority. Taking cue from the said judgment of this Court, I dispose these writ petitions with a direction to the 2nd respondent Appellate Authority to consider and pass orders on Ext.P2 appeal in all these writ petitions, 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 Ext.P1 assessment orders, in all the writ petitions, shall be kept in abeyance till such time as orders are passed by the 2nd respondent as directed and the orders 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.28698 OF 2019 & CONNECTED CASES : 8 : APPENDIX OF WP(C) No.28698 OF 2019 EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2013-14 DATED 28.3.2016. EXHIBIT P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR 2013-14 DATED 18.4.2016. EXHIBIT P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR 2013-14 DATED 18.4.2016. WP(C).No.28698 OF 2019 & CONNECTED CASES : 9 : APPENDIX OF WP(C).No.28690 OF 2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2014-15. EXHIBIT P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR 2014-15. EXHIBIT P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR 2014-15. WP(C).No.28698 OF 2019 & CONNECTED CASES : 10 : APPENDIX OF WP(C).No.28675 OF 2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2010 -11 EXHIBIT P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR 2010 -11 EXHIBIT P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR 2010-11 WP(C).No.28698 OF 2019 & CONNECTED CASES : 11 : APPENDIX OF WP(C).No.28680 OF 2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2015-16. EXHIBIT P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR 2015-16. EXHIBIT P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR 2015-16. WP(C).No.28698 OF 2019 & CONNECTED CASES : 12 : APPENDIX OF WP(C).No.28671 OF 2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2009 -10 EXHIBIT P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR 2009 -10 EXHIBIT P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR 2009 -10 WP(C).No.28698 OF 2019 & CONNECTED CASES : 13 : APPENDIX OF WP(C).No.28669 OF 2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2008-09. EXHIBIT P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT 2008-09. EXHIBIT P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR 2008-09. "