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The Koonammoochi Peoples Service Co-Operative Bank Ltd.No. 603, v. the Commissioner of Income Tax (Appeals)

Kerala HC22 Jul 2020WP(C)/14719/2020

Case brief

AI extract

What is this about?

The Court disposed of a writ petition concerning pending income tax appeals by a co-operative bank regarding deductions under Section 80P. The Court directed the appellate authority to consider the appeals and pass orders within six months while staying recovery steps and setting aside a condition to remit 20% of disputed amounts.

What did the court decide?

Directed the 1st respondent to dispose of the appeals within six months, stay recovery steps, and set aside orders directing remittance of 20% of disputed amounts.

The Koonammoochi Peoples Service Co-Operative Bank… — Cooperative Societies | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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WEDNESDAY, THE 22ND DAY OF JULY 2020 / 31ST ASHADHA, 1942

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WP(C).No.14719 OF 2020

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PETITIONER/S:

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THE KOONAMMOOCHI PEOPLES SERVICE CO-OPERATIVE BANK LTD.NO. 603,KOONAMMOOCHI.P.O., THRISSUR-680504, REPRESENTED BY ITS SECRETARY.

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BY ADV. SRI.P.C.SASIDHARAN

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RESPONDENT/S:

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1 THE COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, S.T.NAGAR, THRISSUR-680001.

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2 THE INCOME TAX OFFICER, WARD 1 AND TPS, GURUVAYOOR, OFFICE OF THE INCOME TAX OFFICER, WEST NADA, GURUVAYOOR THRISSUR-680101.

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OTHER PRESENT:

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SC-SRI.JOSE JOSEPH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.14719 OF 2020

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JUDGMENT

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Against Exts.P1, P6 and P11 assessment orders under the Income Tax Act, the petitioner has preferred Exts.P3, P8 and P13 appeals together with Exts.P5, P10 and P15 stay petitions before the 1st respondent. It would appear that on approaching the 2nd respondent, pending disposal of the stay petition, the petitioner was directed by Exts.P4, P9 and P14 orders to pay 20% of the disputed amounts as a condition for grant of stay for recovery of the balance amount, pending consideration of the stay application by the appellate authority. The case of the petitioner in the writ petition is essentially that the issue involved in the appeal before the appellate authority is the permissibility of a deduction under Section 80P of the Income Tax Act in its relation to Co-operative Societies. It is pointed out that in respect of the same issue, this Court has in connected matters directed the appellate authority to consider and pass orders in the appeal, and restrained the respondents from resorting to any coercive steps for recovery of the disputed amounts, till then.

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I have heard the learned counsel for the petitioner as also Sri.Jose Joseph, the learned Standing Counsel for the respondents.

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On a consideration of the facts and circumstances of the case and the submissions made across the Bar and taking cue from the judgments of this Court in similar matters, I deem it appropriate to dispose the writ petition by directing the 1st respondent to consider and pass orders on Exts.P3, P8 and P13 appeals within an outer time limit of six months from the date of receipt of a copy of this judgment, after hearing the petitioner. It is made clear that till such time as orders

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WP(C).No.14719 OF 2020

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are passed by the 1st respondent as directed, and the order communicated to the petitioner, the recovery steps for recovery of amounts confirmed against the petitioner by the assessment orders in question shall be kept in abeyance. Further, in view of the directions given above, I set aside Exts.P4, P9 and P14 orders of the 2nd respondent that direct the petitioner to remit 20% of the disputed amounts, pending disposal of the appeal. The petitioner shall produce a copy of this judgment together with a copy of the writ petition before the 2nd respondent for further action.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR

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JUDGE

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WP(C).No.14719 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE 1.12.2017.	ASSESSMENT ORDER DATED
EXHIBIT P2	TRUE COPY OF THE 1.12.2017.	DEMAND NOTICE DATED
EXHIBIT P3	TRUE COPY OF THE	APPEAL DATED 2.1.2018.
EXHIBIT P4	TRUE COPY OF THE	ORDER DATED 2.7.2019.
EXHIBIT P5	TRUE COPY OF THE 12.7.2019.	STAY PETITION DATED
EXHIBIT P6	TRUE COPY OF THE 19.11.2018.	ASSESSMENT ORDER DATED
EXHIBIT P7	TRUE COPY OF THE 20.11.2018.	DEMAND NOTICE DATED
EXHIBIT P8	TRUE COPY OF THE	APPEAL DATED 15.12.2018.
EXHIBIT P9	TRUE COPY OF THE	ORDER DATED 2.7.2019.
EXHIBIT P10	TRUE COPY OF THE 12.7.2019.	STAY PETITION DATED
EXHIBIT P11	TRUE COPY OF THE 21.11.2018.	ASSESSMENT ORDER DATED
EXHIBIT P12	TRUE COPY OF THE 21.11.2018.	DEMAND NOTICE DATED
EXHIBIT P13	TRUE COPY OF THE	APPEAL DATED 8.12.2018.
EXHIBIT P14	TRUE COPY OF THE	ORDER DATED 2.7.2019.
EXHIBIT P15	TRUE COPY OF THE 12.7.2019.	STAY PETITION DATED
EXHIBIT P16	TRUE COPY OF THE W.A.NO.1536 OF 2	JUDGMENT DATED 1.7.2019 IN 019.

The Koonammoochi Peoples Service Co-Operative Bank Ltd.No. 603, v. the Commissioner of Income Tax (Appeals)

Case brief

What is this about?

What did the court decide?

The Koonammoochi Peoples Service Co-Operative Bank Ltd.No. 603, v. the Commissioner of Income Tax (Appeals)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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