Kumarakom Vadakkumbhagom ... vs The National Faceless Appeal ...
2021 Latest Caselaw 15010 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE A.M.BADAR
         FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
                         WP(C) NO. 9007 OF 2021
PETITIONER/S:

            KUMARAKOM VADAKKUMBHAGOM SERVICE CO-OPERATIVE BANK
            LIMITED NO.1070
            KUMARAKOM, KOTTAYAM DISTRICT, REPRESENTED BY ITS
            SECRETARY.

            BY ADV O.D.SIVADAS



RESPONDENT/S:

     1      THE NATIONAL FACELESS APPEAL CENTRE
            NEW DELHI - 110 001, REPRESENTED BY THE PRINCIPAL CHIEF
            COMMISSIONER.

     2      THE ASSISTANT DIRECTOR OF INCOME TAX
            CENTRALIZED PROCESSING CENTRE, BANGALORE - 560 500.

     3      THE INCOME TAX OFFICER
            WARD 2, KOLLAM, PIN - 686 001.

            SRI.JOSE JOSEPH, STANDING COUNSEL


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9007 OF 2021                2




                                 JUDGMENT

Heard both sides.

2. Petitioner society has furnished income tax return for the

period 2019-20 and claimed benefit under Section 80P(4) of the

Income Tax Act, which was disallowed by the assessing officer and

demand of Rs.50,01,980/- (Rupees fifty lakhs one thousand nine

hundred and eighty only) was raised. The petitioner has filed an

appeal (Ext.P2) as well as stay petition before the 1 st respondent which

is reportedly pending. The petitioner is facing coercive action and he

therefore submits that coercive steps be kept in abeyance in the light

of judgment on identical issues, which are produced at Exts.P3, P4 and

P5.

3. Learned Standing Counsel appearing for the respondents

submits that petitioner might not have filed the stay petition as he has

not prayed for disposal of the stay petition yet.

4. Learned counsel appearing for the petitioner further submits

that the issue regarding applicability of Section 80P(2)(a)(i) is covered

by the judgment of the Hon'ble Supreme Court in the matter of

Mavilayi Service Co-operative Bank Ltd and Ors. V. Commissioner of

Income Tax and Another [2021(1) KHC 303 SC]. Learned Standing

Counsel for the respondents submits that the issue involved in this

petition is not covered by the said judgment. Be that as it may, as the

appeal of the petitioner is still pending before the 1st respondent and in

similar matters, this Court had directed disposal of the appeal without

insisting for payment of assessed tax, the writ petition is disposed of

with the following directions:-

The 1st respondent is directed to decide the appeal at Ext.P2 filed

by the petitioner expeditiously and the petitioner shall co-operate with

the 1st respondent in disposal of the appeal as early as possible . In

the meanwhile, the respondents shall keep the coercive action for

recovery of the assessed amount in abeyance till disposal of the

appeal.

SD/-

A.M.BADAR JUDGE ajt

APPENDIX OF WP(C) 9007/2021

PETITIONER ANNEXURE

EXHIBIT P1 COPY OF THE ASSESSMENT ORDER DATED 3/01/2021 ISSUED TO THE ....FOR THE ASSESSMENT PERIOD 2019-20.

EXHIBIT P2 COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE PERIOD 2019- 20 DATED 6/02/2021.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 01/07/2019 IN WA NO.1536 OF 2019 RENDERED BY THIS HON'BLE COURT.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 17/03/2020 IN WP(C) NO.8193 OF 2020 RENDERED BY THIS HON'BLE COURT.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 08/05/2020 IN WA NO.642 OF 2020 RENDERED BY THIS HON'BLE COURT.