THE THADUKKASSERY SERVICE CO-OPERATIVE BANK LTD.NO.F 534, V. THE INCOME TAX OFFICER,

WP(C)/9799/2020

AI Insights

The writ petitions filed by various service co-operative banks in Kerala challenged the rejection of their claims for benefits under Section 80P of the Income Tax Act for the assessment years 2016-17 and 2017-18. The banks, represented by their secretaries, appealed against the assessment orders and the subsequent appellate orders which denied them the claimed benefits. The main legal contention revolved around the procedural handling of their stay petitions by the Income Tax Appellate Tribunal. The petitioners sought a directive for the Tribunal to expedite the decision on their stay applications, referencing a similar case where the Tribunal was ordered to decide on such petitions within a specified timeframe.

• Counselvise Citation: [2020] 140 COUNSELVISE.COM (IT) 753394 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 08-05-2020
• Assessment Year: misc
• Other Referred Cases: W.P.(C) TMP NO.36/2020
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: NAVANEETH
• Assessee Lawyers: HARISANKAR MENON; MEERA MENON; K KRISHNA
• Keywords: Assessment Year; Co-operative Bank; Income Tax; Income tax appellate tribunal; Stay Petition
• Section: 80P

Judgement Text

"WPC.Nos.9768, 9770, 9774 and 9799 of 2020 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 8TH DAY OF MAY 2020 / 18TH VAISAKHA, 1942 WP(C) NO. 9768 OF 2020 PETITIONER/S: THE KANJIKODE SERVICE CO-OPERATIVE BANK LTD.NO.F1199 KANJIKODE P.O., KANJIKODE, PALAKKAD-678 621, REPRESENTED BY ITS SECRETARY, GURU RAJALINGAM. BY ADVS. HARISANKAR V. MENON SMT.MEERA V.MENON SMT.K.KRISHNA RESPONDENT/S: 1 THE INCOME TAX OFFICER WARD 1 AND TPS, AYAKAR BHAVAN, PALAKKAD-678 014. 2 THE COMMISSIONER OF INCOME TAX (APPEALS) THRISSUR-680 021. 3 THE INCOME TAX APPELLATE TRIBUNAL KENDRIYA BHAVAN, KAKKANADU, KOCHI-682 030, REPRESENTED BY ITS REGISTRAR. OTHER PRESENT: SRI. NAVANEETH - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.05.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.Nos.9768, 9770, 9774 and 9799 of 2020 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 8TH DAY OF MAY 2020 / 18TH VAISAKHA, 1942 WP(C) NO. 9770 OF 2020 PETITIONER/S: THE KANJIKODE SERVICE CO-OPERATIVE BANK LTD.NO.F 1199, KANJIKODE P.O., KANJIKODE, PALAKKAD - 678 621, REPRESENTED BY ITS SECRETARY, GURU RAJALINGAM. BY ADVS. HARISANKAR V. MENON SMT.MEERA V.MENON SMT.K.KRISHNA RESPONDENT/S: 1 THE INCOME TAX OFFICER, WARD 1 AND TPS, AYAKAR BHAVAN, PALAKKAD - 678 014. 2 THE COMMISSIONER OF INCOME TAX (APPEALS), THRISSUR - 680 021. 3 THE INCOME TAX APPELLATE TRIBUNAL, KENDRIYA BHAVAN, KAKKANADU, KOCHI - 682 030, REPRESENTED BY ITS REGISTRAR. OTHER PRESENT: SRI. NAVANEETH - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.05.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.Nos.9768, 9770, 9774 and 9799 of 2020 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 8TH DAY OF MAY 2020 / 18TH VAISAKHA, 1942 WP(C) NO. 9774 OF 2020 PETITIONER/S: THE PERUVEMBA SERVICE CO-OPERATIVE BANK LTD P-1648, PERUVEMBA P.O., PALAKKAD-678 531, REPRESENTED BY ITS SECRETARY, VIPINRAJ.U., AGED 26 S/O. MALLIKA BY ADVS. HARISANKAR V. MENON SMT.MEERA V.MENON SMT.K.KRISHNA RESPONDENT/S: 1 THE INCOME TAX OFFICER WARD 2, AYAKAR BHAVAN, PALAKKAD-678 014 2 THE COMMISSIONER OF INCOME TAX (APPEALS) THRISSUR-680 021 3 THE INCOME TAX APPELLATE TRIBUNAL, AYAKAR BHAVAN, KAKKANADU,KOCHI-682 030, REPRESENTED BY ITS REGISTRAR OTHER PRESENT: SRI CHRISTOPHER ABRAHAM,SRI NAVNEETH-SC (IT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.05.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.Nos.9768, 9770, 9774 and 9799 of 2020 4 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 8TH DAY OF MAY 2020 / 18TH VAISAKHA, 1942 WP(C) NO. 9799 OF 2020 PETITIONER/S: THE THADUKKASSERY SERVICE CO-OPERATIVE BANK LTD.NO.F 534, KERALASSERY P.O., KONGAD, PALAKKAD - 678 641, REPRESENTED BY ITS SECRETARY, VIJAYAKUMARI M.P., AGED 51, D/O.NARAYANAN NAIR. BY ADVS. HARISANKAR V. MENON SMT.MEERA V.MENON SMT.K.KRISHNA RESPONDENT/S: 1 THE INCOME TAX OFFICER, WARD 2, AYAKAR BHAVAN, PALAKKAD - 678014. 2 THE COMMISSIONER OF INCOME TAX (APPEALS), THRISSUR - 680 021. 3 THE INCOME TAX APPELLATE TRIBUNAL, AYAKAR BHAVAN, KAKKANADU, KOCHI - 682 030, REPRESENTED BY ITS REGISTRAR. OTHER PRESENT: SRI NAVNEET-SC FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.05.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.Nos.9768, 9770, 9774 and 9799 of 2020 5 JUDGMENT These writ petitions have been filed praying inter-alia for a direction to the 3rd respondent Tribunal to consider and pass orders on separate applications for stay (in all these writ petitions, the document marked as Ext.P4 is the application for stay). In W.P.(C). No.9768/20, the assessment year question is AY 2016-17, in W.P.(C). Nos. 9770/20 and 9774/20, the assessment year in question is 2017-18, in W.P.(C). No. 9799/20, the assessment year in question is 2016/17. 2. In all these cases, the petitioners claimed the benefit of Section 80P of the Income Tax Act. This claim was rejected by the Assessing Officer as well as by the Commissioner (Appeals). In all these cases, Ext.P1 is the order of assessment and Ext.P2 is the order of the Commissioner Income Tax (Appeals), rejecting the appeals filed by the petitioners. Challenging Ext.P2 appellate order. The petitioners have filed separate appeals marked WPC.Nos.9768, 9770, 9774 and 9799 of 2020 6 as Ext.P3 in each of these writ petitions together with stay petitions, which are marked as Ext.P4 in each of these writ petitions. 3. The petitioners place reliance on the judgment of a Division Bench of this Court, which is produced as Ext.P5 along with W.P.(C). No.9768/20. The Division Bench has in similar circumstances, directed the Appellate Tribunal to consider and pass orders on the stay petitions within a period of four months from the date of receipt of a copy of the judgment and any proceedings initiated for recovery of amounts due from the petitioners were directed to kept in abeyance till orders are passed on the stay petitions and communicated to the petitioners. 4. In the light of the above, these writ petitions are disposed of directing the 3rd respondent, the Income Tax Appellate Tribunal, Kochi Bench, to consider and pass orders on the stay petitions marked as Ext.P4 in each of these writ petitions, within a period of four months from the date of receipt of a copy of this judgment. Till orders are so WPC.Nos.9768, 9770, 9774 and 9799 of 2020 7 passed and communicated to the petitioners, steps (if any) initiated by the Income Tax Department for recovery of amounts due under the assessment orders, shall be kept in abeyance. With these observations and directions, these writ petitions are disposed of. Sd/- GOPINATH.P JUDGE Dxy WPC.Nos.9768, 9770, 9774 and 9799 of 2020 8 APPENDIX OF WP(C) 9768/2020 PETITIONER EXHIBITS EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE IST RESPONDENT FOR THE YEAR 2016-17 DATED 27.12.2018. EXHIBIT P2 COPY OF APPELLATE ORDER ISSUED BY THE 2ND RESPONDENT FOR THE YEAR 2016-17 DATED 3.3.2020. EXHIBIT P3 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT 2016-17 DATED 19.3.2020. EXHIBIT P4 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 19.3.2020. EXHIBIT P5 COPY OF JUDGMENT IN WPC TMP NO.36/2020 OF THIS HON'BLE COURT. WPC.Nos.9768, 9770, 9774 and 9799 of 2020 9 APPENDIX OF WP(C) 9770/2020 PETITIONER EXHIBITS EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2017-18. EXHIBIT P2 COPY OF APPELLATE ORDER ISSUED BY THE 2ND RESPONDENT FOR THE YEAR 2017-18. EXHIBIT P3 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT 2017-18. EXHIBIT P4 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P5 COPY OF JUDGMENT IN W.P.(C) TMP NO.36/2020 OF THIS HON'BLE COURT. WPC.Nos.9768, 9770, 9774 and 9799 of 2020 10 APPENDIX OF WP(C) 9774/2020 PETITIONER EXHIBITS EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2017-18 EXHIBIT P2 COPY OF APPELLATE ORDER ISSUED BY THE 2ND RESPONDENT FOR THE YEAR 2017-18 EXHIBIT P3 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT -2017-18 EXHIBIT P4 COPY OF STAY PETITIONER FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT WPC.Nos.9768, 9770, 9774 and 9799 of 2020 11 APPENDIX OF WP(C) 9799/2020 PETITIONER EXHIBITS EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2017-18. EXHIBIT P2 COPY OF APPELLATE ORDER ISSUED BY THE 2ND RESPONDENT FOR THE YEAR 2017-18. EXHIBIT P3 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT 2017-18. EXHIBIT P4 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. "