The Kanjikode Service ... vs The ...
2021 Latest Caselaw 7942 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

     MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942

                       WP(C).No.5838 OF 2021(D)


PETITIONER:

               THE KANJIKODE SERVICE CO-OPERATIVE BANK LTD.
               NO.F1199, KANJIKODE P.O., KANJIKODE, PALAKKAD-678621,
               REPRESENTED BY ITS SECRETARY, K.RADHAKRISHNAN.

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

RESPONDENTS:

      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.


OTHER PRESENT:

               SRI.JOSE JOSEPH, SC.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.5838/2021              2


                             JUDGMENT

Dated this the 8th day of March 2021

Heard both sides.

Learned counsel for the petitioner submits that the petitioner

is a co-operative society carrying on business of providing credit

facility to its members. The petitioner has claimed the benefit

under Section 80P(2)(a)(i) of the Income Tax Act, 1961. But the

same came to be disallowed by the order at Ext.P1. Hence the

petitioner has filed appeal along with stay petition before the

2nd respondent. However, during the pendency of the stay

petition, steps are being taken to realise the amount so

determined.

2. Learned Standing Counsel, who takes notice for the

Income Tax Department, opposed the writ petition by submitting

that the amount determined needs to be recovered without there

being any stay to the assessment order at Ext.P1.

3. Having considered the submissions so advanced, in the

facts and circumstances of the case, as statutory appeal along

with stay petition is pending, this writ petition is disposed of with

the following directions:

The 2nd respondent is directed to decide the stay petition

filed with the statutory appeal within a period of four months from

the date of communication of this judgment. The petitioner to

co-operate the 2nd respondent in expeditious disposal of the stay

petition. Till disposal of the stay petition, all coercive action taken

for realising the amount determined by the assessment order at

Ext.P1 should be kept in abeyance. The petitioner to furnish copy

of the judgment to the 2nd respondent for necessary action.

Sd-

A.M.BADAR

JUDGE

smp

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2018-19 DATED 8.2.2021.

EXHIBIT P2 COPY OF THE S.O.NO.3296(E) ISSUED BY THE MINISTRY OF FINANCE, NEW DELHI DATED 25.9.2020.

EXHIBIT P2(a) COPY OF THE S.O.NO.3297(E) ISSUED BY THE MINISTRY OF FINANCE, NEW DELHI DATED 25.9.2020.

EXHIBIT P3 COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 16.2.2021.

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 ASSESSMENT CENTRE, DELHI DATED 16.2.2021.

EXHIBIT P4 COPY OF THE ORDER OF THIS HON'BLE COURT IN WP(C) NO.3078/2021 DATED 8.2.2021. RESPONDENTS' EXHIBITS: NIL.

True Copy

P.S to Judge

smp