THE MUNDUR SERVICE CO-OPERATIVE BANK LTD R.189 V. THE INCOME TAX APPELLATE TRIBUNAL

WP(C)/14299/2020

AI Insights

The case involves the Mundur Service Co-operative Bank Ltd, which filed a writ petition against the Income Tax Appellate Tribunal and the Income Tax Officer, challenging the recovery of amounts due based on appellate orders concerning deductions under Section 80P of the Income Tax Act. The petitioner had filed multiple appeals and stay petitions against these orders, which were not yet considered by the Tribunal. The High Court, noting the precedent of staying recovery proceedings in similar cases, ordered the Tribunal to expedite the consideration of the appeals and stay the recovery proceedings until a decision is made.

• Counselvise Citation: [2020] 140 COUNSELVISE.COM (IT) 758211 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 15-07-2020
• Assessment Year: misc
• Other Referred Cases: W.P(C) NO.9159/2020, W.A NO.1536/2019 and connected cases
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: P C SASIDHARAN
• Keywords: Co-operative societies; Deduction; Income Tax; Recovery proceedings; Stay petitions
• Section: 80P

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 15TH DAY OF JULY 2020 / 24TH ASHADHA, 1942 WP(C).No.14299 OF 2020 PETITIONER: THE MUNDUR SERVICE CO-OPERATIVE BANK LTD R.189 P.O ANJUR, MUNDUR, THRISSUR 680 541 REPRESENTED BY ITS SECRETARY BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: 1 THE INCOME TAX APPELLATE TRIBUNAL 1ST FLOOR, KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM, COCHIN 682 037, REPRESENTED BY ITS ASSISTANT REGISTRAR 2 THE INCOME TAX OFFICER, WARD 2(3), THRISSUR, OFFICE OF THE INCOME TAX OFFICER, SAKTHANTHAMPURAN NAGAR, THRISSUR 680 001 BY ADV. SRI.JOSE JOSEPH,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.14299 OF 2020 2 JUDGMENT Against Exts.P1 and P2 first appellate orders under the Income Tax Act, the petitioner has preferred Exts.P3 to P7 appeals and Exts.P9 to P13 stay petitions before the 1st respondent. It is a case of the petitioner that even before consideration of Exts.P9 to P13 stay petitions, steps are afoot to recover amounts due from the petitioner pursuant to Exts.P1 and P2 first appellate orders. 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 the issue involved in the appeal pertains to the permissibility of deduction under Section 80P of the Income Tax Act in its relation to Co- operative societies, and that this Court has in similar cases directed the appeals to be considered by the appellate authority and stayed the recovery proceedings from the assessee in the meanwhile, I dispose the Writ Petition with a direction to the 1st respondent to consider and pass orders on Exts.P3 to P7 appeals within six months from the date of receipt of a copy of this judgment, after hearing the petitioner. It is made clear that till such time as orders are passed by the 1st respondent as WP(C).No.14299 OF 2020 3 directed and the order communicated to the petitioner recovery steps for recovery of amounts confirmed against the petitioner by Exts.P1 and P2 first appellate orders shall be kept in abeyance. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 1st respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE mns/15.7.2020 WP(C).No.14299 OF 2020 4 APPENDIX PETITIONERS EXHIBITS EXHIBIT -P1 TRUE COPY OF THE ORDER DATED 6.3.2020 PASSED BY THE COMMISSIONER OF INCOME TAX(APPEALS) EXHIBIT P2- TRUE COPY OF THE ORDER DATED 10.03.2020 PASSED BY THE COMMISSIONER OF INCOME TAX(APPEALS) EXHIBIT P3- TRUE COPY OF THE APPEAL DATED 24.06.2020 FILED AGAINST THE ORDER IN APPEAL NO.ITA NO.1126/16-17 EXHIBIT P4 TRUE COPY OF THE APPEAL DATED 24.06.2020 FILED AGAINST THE ORDER IN APPEAL NO.ITA NO.241/19-20 EXHIBIT P5- TRUE COPY OF THE APPEAL DATED 24.06.2020 FILED AGAINST THE ORDER IN APPEAL NO.ITA NO.1127/16-17 EXHIBIT P6-TRUE COPY OF THE APPEAL DATED 24.06.2020 FILED AGAINST THE ORDER IN APPEAL NO.ITA NO.267/18-19 EXHIBIT P7-TRUE COPY OF THE APPEAL DATED 24.06.2020 FILED AGAINST THE ORDER IN APPEAL NO.ITA NO.242/19-20 EXHIBIT P8-TRUE COPY OF THE ACKNOWLEDGMENT EVIDENCING THE RECEIPT OF THE APPEALS ON 23.06.2020 EXHIBIT P9-TRUE COPY OF THE STAY PETITION DATED 10.07.2020 FILED IN INCOME TAX ACT/265/COCH/2020 EXHIBIT P10-TRUE COPY OF THE STAY PETITION DATED 10.07.2020 FILED IN INCOME TAX ACT/266/COCH/2020 EXHIBIT P11-TRUE COPY OF THE STAY PETITION DATED 10.07.2020 FILED IN INCOME TAX ACT/267/COCH/2020 EXHIBIT P12-TRUE COPY OF THE STAY PETITION DATED 10.07.2020 FILED IN INCOME TAX ACT/268/COCH/2020 EXHIBIT P13-TRUE COPY OF THE STAY PETITION DATED 10.07.2020 FILED IN INCOME TAX ACT/269/COCH/2020 EXHIBIT P14-TRUE COPY OF THE JUDGMENT DATED 23.03.2020 IN W.P(C) NO.9159/2020 EXHIBIT P15-TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH IN W.A NO.1536/2019 AND CONNECTED CASES DATED 01.07.2019 "