Muttathara Service Co-Operative Bank ... vs The Central Board Of Direct Taxes
2024 Latest Caselaw 15014 Ker

Kerala High Court

Muttathara Service Co-Operative Bank ... vs The Central Board Of Direct Taxes on 4 June, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
  TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                     WP(C) NO. 18999 OF 2024
PETITIONER:

            MUTTATHARA SERVICE CO-OPERATIVE BANK LTD,
            TC 42/942(1),
            MUTTATHARA, VALLAKKADAVU P.O
            THIRUVANANTHAPURAM
            REPRESENTED BY ITS SECRETARY NIRMAL V.,
            PIN - 695 008.

            BY ADVS.
            K.P.PRADEEP
            T.T.BIJU
            T.THASMI
            M.J.ANOOPA


RESPONDENTS:

    1       THE CENTRAL BOARD OF DIRECT TAXES
            DEPARTMENT OF REVENUE,
            MINISTRY OF FINANCE, GOVERNMENT OF INDIA,
            NORTH BLOCK, NEW DELHI
            REPRESENTED BY ITS CHAIRMAN,
            PIN - 110 001.
    2       ADDITIONAL COMMISSIONER OF INCOME TAX
            ASSESSMENT UNIT, INCOME TAX DEPARTMENT
            NATIONAL FACELESS ASSESSMENT CENTRE,
            DELHI ROOM NO.401, 2ND FLOOR,
            E-RAMP, JAWAHARLAL NEHRU STADIUM,
            DELHI, PIN - 110 003.
    3       COMMISSIONER OF INCOME TAX (APPEALS)
            NATIONAL FACELESS APPEAL CENTRE (NFAC),
            DELHI, ROOM NO.401, 2ND FLOOR,
            E-RAMP, JAWAHARLAL NEHRU STADIUM,
            DELHI, PIN - 110 003.

            SRI. CHRISTOPHER ABRAHAM
            SRI. P.R.AJITH KUMAR - SC
     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   04.06.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C).No.18999 OF 2024

                                    2



                                 JUDGMENT

The petitioner Co-operative society is an

assessee under the Income Tax Act, 1961 (for

short, 'the Act'). For the assessment year 2012-

2013, the petitioner filed return claiming

deduction under Section 80(P) of the Act.

However, the assessment was completed by

rejecting the claim for deduction and Ext.P1

penalty order under Section 271(1)(c) of the Act

was passed. The petitioner filed Ext.P2 appeal

before the 3rd respondent under Section 246A of

the Act. Along with Ext.P2, Ext.P3 stay petition

was also filed. However, the 2nd respondent, the

Assessing Authority issued Ext.P4 notice under

Section 156 of the Act, pursuant to Ext.P1 order.

Aggrieved by the same, the petitioner has

approached this Court.

WP(C).No.18999 OF 2024

2. Ext.P2 is a statutory appeal. There will

be a direction to the 3rd respondent to consider

Ext.P3 stay petition, as expeditiously as possible,

at any rate, within a period of two months from

the date of receipt of a copy of this judgment. Till

orders are passed on the stay petition, all

recovery proceedings pursuant to Exts.P1 and P4

shall be deferred.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.18999 OF 2024

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE PENALTY ORDER NO ITBA/PNL/F/271(1)(C)/2024-25/1064702031(1) DATED 07-05-2024 ISSUED FOR THE YEAR 2012- 13 BY THE 2NDRESPONDENT TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE APPEAL DATED 09-05-2024 AGAINST THE PENALTY ORDER FILED FOR THE YEAR 2012-13 BEFORE THE 3RD RESPONDENT BY THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE STAY PETITION DATED 9-05- 2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE DEMAND NOTICE NO.

ITBA/PNL/S/156/2024-25/1064699293(1) DATED 07-05-2024 IN PENALTY ORDER ISSUED UNDER SECTION 156 OF THE INCOME TAX ACT, 1961,FOR THE ASSESSMENT YEAR 2012-13 BY THE 2ND RESPONDENT TO THE PETITIONER.

RESPONDENTS EXHIBITS: NIL.