The Kongad Service Co-Operative ... vs The Additional / Joint / Deputy / ...
2021 Latest Caselaw 12780 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
      TUESDAY, THE 8TH DAY OF JUNE 2021 / 18TH JYAISHTA, 1943
                        WP(C) NO. 11951 OF 2021
PETITIONER/S:

          THE KONGAD SERVICE CO-OPERATIVE BANK LTD.,
          NO.-P 538, KONGAD POST, PALAKKAD - 678631, REPRESENTED
          BY ITS SECRETARY, SHYLA.K, AGED 57, D/O C.GANGADHARAN
          NAIR.

          BY ADVS.
          HARISANKAR V. MENON
          MEERA V.MENON



RESPONDENT/S:

     1.   THE ADDITIONAL / JOINT / DEPUTY / ASST. COMMISSIONER OF
          INCOME TAX / INCOME TAX OFFICER,
          NATIONAL e-ASSESSMENT CENTRE, DELHI - 110001.

     2.   NATIONAL FACELESS APPEAL CENTRE, DELHI - 110001,
          REPRESENTED BY THE PRINCIPAL CHIEF COMMISSIONER.


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11951 OF 2021
                                     -2-



                                  JUDGMENT

Petitioner is a Co-operative Society allegedly carrying on the business of

providing credit facilities to its members. Petitioner claimed the benefit

under Section 80P(2)(a)(i) of the Income Tax Act, 1961. By Ext.P1 order of

assessment, the claim for deduction under Section 80P was rejected.

Challenging Ext.P1, an appeal has been preferred before the 2 nd respondent.

A stay petition has also been preferred as is evident from Ext.P3(a).

2. I have heard learned Counsel for the petitioner as well as learned

Standing Counsel, who took notice on behalf of the department.

3. Considering the nature of the issues involved and the arguments

advanced, I am of the view that this writ petition itself can be disposed of by

directing the stay petition filed along with the statutory appeal to be

considered in a time bound manner.

Accordingly, there will be a direction to the 2 nd respondent to dispose of

the stay petition Ext.P3(a) filed along with the statutory appeal. The stay

petition shall be considered and disposed of within a period of four months

from the date of receipt of a copy of this judgment. All coercive action WP(C) NO. 11951 OF 2021

pursuant to Ext.P1 shall be kept in abeyance till the disposal of the stay

petition. The Petitioner shall furnish a copy of this judgment to the 2nd

respondent for appropriate action.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE uu 08.06.2021 WP(C) NO. 11951 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2018-19

EXHIBIT P2 COPY OF THE S.O.NO.3296(E) ISSUED BY THE MINISTRY OF FINANCE, NEW DELHI

EXHIBIT P2(a) COPY OF THE S.O.NO.3297(E) ISSUED BY THE MINISTRY OF FINANCE, NEW DELHI

EXHIBIT P3 COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

EXHIBIT P3(a) COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE ADDITIONAL/JOINT/ASSISTANT COMMISSIONER OF INCOME TAX, COMMISSIONER OF INCOME TAX (APPEALS), NATIONAL FACELESS APPEAL CENTRE, DELHI.

EXHIBIT P4 COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.5849/2021.