Elookara Service Co Oeprative ... vs The Central Board Of Direct Taxes
2021 Latest Caselaw 11962 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

    TUESDAY, THE 13TH DAY OF APRIL 2021 / 23RD CHAITHRA, 1943

                        WP(C).No.9221 OF 2021(C)


PETITIONER/S:

                ELOOKARA SERVICE CO OEPRATIVE BANK LTD.
                NO.1765, ELOOKARA, P.O.MUPPATHADAM, ALUVA,
                ERNAKULAM-683 110, REPRESENTED BY ITS SECRETARY,
                BENNAKUMARI.K.S.

                BY ADVS.
                DR.K.P.PRADEEP
                SHRI.HAREESH M.R.
                SRI.T.T.BIJU
                SMT.T.THASMI

RESPONDENT/S:

      1         THE CENTRAL BOARD OF DIRECT TAXES
                DEPARTMENT OF REVENUE,MINISTRY OF FINANCE,
                GOVERNMENT OF INDIA, NORTH BLOCK,
                NEW DELHI-110 001, REPRESENTED BY ITS CHAIRMAN

      2         INCOME TAX OFFICER,WARD 2,
                AAYAKKAR BHAVAN, INCOME TAX,
                KAP COMMERCIAL COMPLEX,
                O/O ADDITIONAL COMMISSIONER OF INCOME TAX,
                ALUVA RANGE, R.S.ROAD, ALUVA, ERNAKULAM-683 101

      3         COMMISSIONER OF INCOME TAX (APPEALS),
                OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS),
                AAYAKAR BHAVAN, INCOME TAX OFFICE,
                PANAMPILLY NAGAR, KOCHI, ERNAKULAM-682 036


OTHER PRESENT:

                SRI CHRISTOPHER ABRAHAM SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9221 OF 2021(C)           ..2..




                              JUDGMENT

Dated this the 13th day of April 2021

The petitioner is a Co-operative Society and a primary

Agricultural Credit Society, registered under the provisions of

the Kerala Co-operative Societies Act, 1969. The petitioner is

aggrieved by Ext.P1 assessment order wherein, the claim of

the petitioner for deduction under Section 80(p) of the Income

Tax Act is denied. Challenging Ext.P1 assessment order, the

petitioner has preferred Ext.P2 statutory appeal before the 3 rd

respondent. However, the 2nd respondent is taking coercive

steps to recover the amount demanded in Ext.P1 assessment

order. According to the petitioner, the eligibility of the

petitioner for deduction under Section 80(p) of the Income Tax

Act is covered by the decision of the Hon'ble Supreme Court in

Mavilayi Service Co-operative Bank Ltd. v. Commissioner

of Income Tax reported in [2021(1) KHC 303]. The

counsel for the petitioner also relied on the common judgment

of this Court in W.P.(C) No.8610 of 2021 and connected cases WP(C).No.9221 OF 2021(C) ..3..

wherein, this Court, taking note of the decision in Mavilayi

Service Co-operaitve Bank's case (supra) directed the

Commissioner of Income Tax to consider and dispose of the

statutory appeals filed by the Co-operative Societies therein,

and till then not to proceed with recovery steps .

2. Heard the counsel for the petitioner and the counsel

for the respondents.

3. In the light of the judgments referred to above, there

will be a direction to the 3rd respondent to consider and pass

orders on Ext.P2 appeal, expeditiously and till then the

respondents are directed to keep the recovery proceedings

pursuant to Ext.P1 assessment order in abeyance.

The writ petition is disposed of with the above directions.

Sd/-

                                    MURALI PURUSHOTHAMAN,
                                            JUDGE
     SB
 WP(C).No.9221 OF 2021(C)        ..4..



                           APPENDIX
     PETITIONER'S/S EXHIBITS:

     EXHIBIT P1    TRUE COPY OF THE ASSESSMENT ORDER

NO.AAABT3684M/2017-18 DATED 30.12.2019 ISSUED FOR THE YEAR 2017-18

EXHIBIT P2 TRUE COPY OF THE APPEAL DATED 28.01.2020 FOR THE YEAR 2018-19

EXHIBIT P3 TRUE COPY OF THE STAY APPLICATION FILED ON 10.02.2020 BEFORE THE 3RD RESPONDENT IN EXT P2 APPEAL

EXHIBIT P4 TRUE COPY OF THE DEMAND NOTICE NO.AAABT3684M/2017-18 DATED 30.12.2019 ISSUED FOR THE YEAR 2017-18

EXHIBIT P5 TRUE COPY OF THE DEMAND NOTICE NO.AAABT3684M/2017-198 DATED 24.03.2021 ISSUED FOR THE YEAR 2017-18

//true copy //

P.A to Judge