For Information vs The Chethallur Service ...
2021 Latest Caselaw 11454 Ker

WP(C) 9019/2021                                 1/2




                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                             Present:
                      THE HONOURABLE MR. JUSTICE A.M.BADAR

           For information
               Thursday,the 8 day of Aprilpurpose
                                    th
                                          2021/18 Chaithra,only
                                                            th
                                                           1943
                                    WP(C) No.9019/2021(B)
PETITIONER
       THE CHETHALLUR SERVICE CO-OPERATIVE BANK LTD. NO. F 1462
       CHETHALLUR, MANNARKKAD, PALAKKAD-678 583, REPRESENTED BY ITS
       SECRETARY, ASHRAF K.
RESPONDENTS
1.THE ADDITIONAL /JOINT / DEPUTY/ ASST. COMMISSIONER OF INCOME TAX/
INCOME -TAX OFFICER
     NATIONAL E- ASSESSMENT CENTRE, DELHI-110 001
2.NATIONAL FACELESS APPEAL CENTRE,
     DELHI-110 001, REPRESENTED BY THE PRINCIPAL CHIEF COMMISSIONER.

   Writ Petition (civil) praying inter alia that in the circumstances stated in the affidavit filed
along with the WP(C) the High Court be pleased to stay all recovery steps pursuant to Ext.P1
assessment order issued by the 1st respondent, till final disposal of this Writ Petition(Civil).


   This petition coming on for admission upon perusing the petition and the affidavit filed in
support of WP(C) and upon hearing the arguments of M/S.HARISANKAR V. MENON,
K.KRISHNA & MEERA V.MENON, Advocates for the petitioner, the court passed the
following:
 WP(C) 9019/2021                                2/2




                                          ORDER

Heard the learned counsel appearing for the petitioner. She argues that the petitioner being a primary Agricultural Credit Society is entitled to benefits u/s.80P(2)(a) (i) of the Income tax Act. However by erroneous order at Ext.P1, the same are denied to the petitioner. The For information purpose only petitioner has preferred appeal along with stay petition before the 2nd respondent. But despite pendency of the appeal and stay petition, the respondents are insisting for recovery of the amount determined by order at Ext.P1. The petitioner relies on the judgment of the Hon'ble Supreme Court in Mavilayi Service Co-Operative Bank Ltd & others V.Commissioner of Income tax, Calicut & another [AIR 2021 SC612]. Issue notice before admission to the respondents returnable after ten weeks.

In the meanwhile, all steps for recovery of amount in pursuant to the order at Ext.P1 are stayed. Needless to mention that respondents are free to dispose of the appeal expeditiously.

08-04-2021 Sd/-

A.M.BADAR,JUDGE

/true copy/ Sd/-

ASSISTANT REGISTRAR

EXHIBIT P1 - COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2018-19 DATED 08-02-2021.