The Puduppariyaram Service ... vs The ...
2021 Latest Caselaw 12787 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. 11934 OF 2021

PETITIONER :

           THE PUDUPPARIYARAM SERVICE CO-OPERATIVE BANK LTD.,
           NO.F-1509, PUDUPPARIYARAM P.O., PALAKKAD - 678 731,
           REPRESENTED BY ITS SECRETARY, VANAJA T.K.

           BY ADVS.
           HARISANKAR V. MENON
           MEERA V.MENON
           K.KRISHNA


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

     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. 11934 OF 2021

                                     2



                               JUDGMENT

Petitioner is a Co-operative Society allegedly carrying on the

business of providing credit facilities to its members. In the assessment

proceedings for the assessment year 2018-19, 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 2nd respondent. A stay petition has also been preferred, as is evident

from Ext.P3(a).

2. I have heard the 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 the writ petition itself can be

disposed of by directing consideration of the stay petition filed along with

the statutory appeal in a time bound manner.

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

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

The stay petition shall be considered and disposed of within a period of WP(C) NO. 11934 OF 2021

four months from the date of receipt of a copy of this judgment. All

coercive action pursuant to Ext.P1 shall be kept in abeyance till the

disposal of the stay petition. 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

RKM WP(C) NO. 11934 OF 2021

APPENDIX

PETITIONER'S EXHIBITS :

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

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

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

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

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.

P4 : COPY OF THE ORDER OF THIS HON'BLE COURT IN W.P.

(C).NO.5849/2021.