THE THACHAMPARA SERVICE CO-OPERATIVE BANK LTD V. THE INCOME TAX OFFICER, PALAKKAD

WP(C)/28947/2019

AI Insights

The case involves the Thachampra Service Co-operative Bank Ltd, which challenged the conditional stay orders related to their appeals against assessment orders under the Income Tax Act. The petitioner argued that similar cases had been decided by a Division Bench of the High Court, which directed the appellate authority not to insist on pre-deposit for stay of recovery. The court, referencing this precedent, quashed the conditional stay orders and directed the appellate authority to decide on the appeals within six months without the condition of pre-deposit.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 754570 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 30-10-2019
• Assessment Year: misc
• Other Referred Cases: W .A.No.1639 of 2019 and connected cases
• 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: Deduction under section 80P; Pre-deposit; Stay of recovery; Conditional stay orders
• Section: 80P

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 30TH DAY OF OCTOBER 2019 / 8TH KARTHIKA, 1941 WP(C).No.28947 OF 2019(P) PETITIONER: THE THACHAMPARA SERVICE CO-OPERATIVE BANK LTD NO.3150, MAIN ROAD, THACHAMPARA PALAKKAD-678593, REPRESENTED BY ITS SECRETARY, JAYAKUMAR.M., AGED 53, PADMANABHAN NAIR P BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SMT.K.KRISHNA RESPONDENTS: 1 THE INCOME TAX OFFICER, WARD 4, AYAKAR BHAVAN, PALAKKAD-670014 2 THE COMMISSIONER OF INCOME TAX(APPEALS) 3RD FLOOR, AAYKAR BHAVAN, THRISSUR-680021 BY ADV.SRI. JOSE JOSEPH,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.28947 OF 2019(P) 2 JUDGMENT Against Exts.P1 and P1(a) assessment orders under the Income Tax Act, the petitioner has preferred Exts.P2 and P2(a) appeals before the 2nd respondent. Along with the appeals the petitioner had also preferred stay petitions, which came to be disposed by Exts.P4 and P4(a) conditional stay orders passed by the 2nd respondent. It is the case of the petitioner that in identical cases involving the deduction under Section 80P of the Income Tax Act a Division Bench of this Court has in the judgment dated 19.07.2019 in W .A.No.1639 of 2019 and connected cases (Ext.P5) directed the 1st appellate authority to consider and pass orders in the appeal without insisting on any pre-deposit as a condition for stay of recovery of the balance amounts confirmed against the assessee. 2. I have heard the learned counsel appearing for the petitioner as also the learned Standing counsel appearing for the Income Tax Department. 3. On a consideration of the facts and circumstances of the case as also the submissions made across the bar and taking note of the Division Bench judgment referred above, I dispose the Writ Petition by quashing Exts.P4 and P4(a) conditional stay orders and directing the 2nd WP(C).No.28947 OF 2019(P) 3 respondent to consider and pass orders on Exts.P2 and P2(a) appeals 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 against the petitioner by the assessment orders shall be kept in abeyance till such time as orders are passed by the 2nd respondent as directed and communicated to the petitioner. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE mns WP(C).No.28947 OF 2019(P) 4 APPENDIX PETITIONERS EXHIBITS EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2014-15 DATED 14.12.2016. EXHIBIT P1 A COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2017-18 DATED 21.03.2019 EXHIBIT P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2014-15 DATED 09.01.2017 EXHIBIT P2 A COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2017-18 DATED 02.04.2019 EXHIBIT P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2014- 15 DATED 18.04.2019 EXHIBIT P3 A COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2017- 18 DATED 02.04.2019 EXHIBIT P4 COPY OF ORDER ISSUED FILED BY THE 2ND RESPONDENT DATED 18.04.2019 EXHIBIT P4 A COPY OF ORDER ISSUED FILED BY THE 2ND RESPONDENT DATED 02.05.2019 EXHIBIT P5 COPY OF JUDGMENT IN WA NO.1649/19 OF THIS HON'BLE COURT DATED 19.07.2019 RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE "