the petitioner and found that the assessment of the petitioner had resulted in an assessment of positive income of the petitioner but despite this, the contention of the petitioner for the benefit of Section 80P, was turned down while requiring the petitioner to deposit 50% of the demand, till the disposal of the appeal. In my view, since the issue of entitlement of a Co-Operative society, such as the petitioner, for the benefit of Section 80P of the Income Tax Act, is stated to have been decided in favour of the assessees, by a decision of a Division Bench of this Court in Income tax appeals, that were pending before this Court, the petitioner also ought to be given the said benefit, in the stay petition. Resultantly, I am of the view that Ext.P8 order, inasmuch as it requires the petitioner to deposit 50% of the demand pending disposal of the appeal, cannot be legally sustained. I, accordingly, quash Ext.P8 order and direct the 2nd respondent to consider and pass orders in the appeal preferred by the petitioner, for the said assessment year, after hearing the petitioner, within a period of three months, from the date of receipt of a copy of this judgment. Recovery steps for recovery of amounts confirmed against the petitioner by the assessment order for the said assessment year (2011-12), shall be kept in abeyance, till such time as orders are passed by the 2nd respondent as directed and communicated to the petitioner.
