THE MANNARKKAD TALUK GOVERNMENT EMPLOYEES V. THE INCOME TAX OFFICER

WP(C)/20518/2020

AI Insights

The case involves the Mannarkkad Taluk Government Employees Co-operative Credit Society Limited, which challenged the assessment order under the Income Tax Act. The society's appeal to the First Appellate Authority was rejected, leading to a further appeal to the Income Tax Appellate Tribunal, which was also pending. The core issue was the permissibility of deduction under Section 80P of the Income Tax Act as it applies to Co-Operative Societies. The petitioner sought a stay on the recovery proceedings while the appeal was being considered.

• Counselvise Citation: [2020] 140 COUNSELVISE.COM (IT) 760820 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 01-10-2020
• Assessment Year: misc
• 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: Co-operative societies; Deduction; Income Tax; Recovery proceedings; Stay Petition
• Section: 80P

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 01ST DAY OF OCTOBER 2020 / 9TH ASWINA, 1942 WP(C).No.20518 OF 2020(L) PETITIONER: THE MANNARKKAD TALUK GOVERNMENT EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LIMITED P-630 MANNARKKAD P.O, PALAKKAD 678 582, REPRESENTED BY ITS SECRETARY, UMA N.V. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SMT.K.KRISHNA RESPONDENTS: 1 THE INCOME TAX OFFICER WARD 4, 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. BY ADV.SRI.JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.20518 OF 2020(L) 2 JUDGMENT Against Ext.P1 assessment order under the Income Tax Act, the petitioner preferred an appeal before the First Appellate Authority but the same was rejected by Ext.P2 order. Aggrieved by the said order, the petitioner preferred Ext.P3 appeal along with Ext.P4 stay petition before the 3rd respondent. It is the contention of the learned counsel for 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. It is pointed out that in similar matters this Court has directed the appellate authority to consider and pass orders in the appeal and stayed the recovery proceedings, in the meanwhile. 2. I have heard the learned counsel appearing for the petitioner as also the learned Standing Counsel appearing for the respondents. On a consideration of the facts and circumstances of the case and the submissions made across the Bar and the finding that in similar cases this Court has granted stay of recovery proceedings, pending disposal of the appeal by the appellate authority, I dispose the writ petition by directing the 3rd respondent to consider and pass orders on WP(C).No.20518 OF 2020(L) 3 Ext.P3 appeal preferred by the petitioner within an outer time limit of six months from the date of receipt of a copy of this judgment, after hearing the petitioner. I also make it clear that till such time as orders are passed by the 3rd respondent in the appeal as directed above and the orders communicated to the petitioner, recovery steps for recovery of amounts confirmed against the petitioner by Exts.P1 and P2 orders shall be kept in abeyance. The petitioner shall produce a copy of this judgment together with a copy of the writ petition before the 3rd respondent for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE mns WP(C).No.20518 OF 2020(L) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2017-2018 DATED 26.12.2019 EXHIBIT P2 COPY OF APPELLATE ORDER ISSUED BY THE 2ND RESPONDENT FOR THE YEAR 2017-18 DATED 15.09.2020 EXHIBIT P3 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT 2017-18 DATED 26.09.2020 EXHIBIT P4 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 26.09.2020. RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE "