Remanded

Perumbavoor Urban Co-Operative Bank Ltd. NO.2024 v. the Central Board of Direct Taxes

Kerala HC21 Jul 2020WP(C)/8700/2020

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition regarding tax deductions for a cooperative bank. The petitioner contested an assessment order denying exemption under Section 80P of the Income Tax Act and filed an appeal. The court directed the Commissioner of Income Tax (Appeals) to decide the appeal within six months and stay recovery proceedings pending that decision.

What did the court decide?

Direct the 3rd respondent to consider and pass orders on the filed appeal within six months, hearing the petitioner, and to keep recovery steps in abeyance.

Perumbavoor Urban Co-Operative Bank Ltd. NO.2024 Vs the Central… — Income Tax | 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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TUESDAY, THE 21ST DAY OF JULY 2020 / 30TH ASHADHA, 1942

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WP(C).No.8700 OF 2020(J)

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PETITIONER/S:

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PERUMBAVOOR URBAN CO-OPERATIVE BANK LTD NO.2024 PERUMBAVOOR, PERUMBAVOOR-683542, REPRESENTED BY ITS SECRETARY BEEVIJA P.H.

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BY ADVS. DR.K.P.PRADEEP SMT.T.THASMI

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RESPONDENT/S:

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1 THE CENTRAL BOARD OF DIRECT TAXES DEPARTMENT OF REVENUE, MINISTRY OF FINANCE GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI-110001, REPRESENTED BY ITS CHAIRMAN.

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2 INCOME TAX OFFICER, WARD-3, ALUVA, INCOME TAX DEPARTMENT, K.A.P.COMMERCIAL COMPLEX, OFFICE OF ADDITIONAL CIT, ALUVA RANGE, R.S.ROAD, ALUVA-683101.

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3 COMMISSIONER OF INCOME TAX (APPEALS), KOCHI, POORNIMA BUILDINGS, PANAMPILY NAGAR, KOCHI682036.

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OTHER PRESENT:

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SC- SRI.CHRITOPHER ABRAHAM

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.8700 OF 2020(J)

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JUDGMENT

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Against Ext.P1 assessment order under the Income Tax Act,('The Act' for short) the petitioner has preferred Ext.P2 appeal and Ext.P5 stay petition before the 3^rd respondent. Exts.P3 and P4 are the demand notices issued. It is the case of the petitioner that the issue involved in the appeal pertains to the permissibility of deduction under Section 80P of the Act in its applicability to Co-operative Societies. It is pointed that in similar matters this Court has already disposed the writ petition by directing the appellate authority to consider and pass orders in the appeal and keep in abeyance the recovery proceedings pursuant to the assessment orders in the meanwhile.

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Taking note of the said submission, and finding that this Court has in similar matters directed the appellate authority to pass orders in the appeal, and to keep in abeyance the recovery proceedings in the meanwhile, the writ petition is disposed by directing the 3^rd respondent to consider and pass orders on Ext.P2 appeal, within a period of six months from the date of receipt of a copy of this judgment, after hearing the petitioner. Recovery steps for recovery of amounts confirmed against the petitioner by the assessment orders in question, and in particular pursuant to Exts.P3 and P4 demand notices, shall be kept in abeyance till such time as orders are passed by the appellate authority as directed above and the orders communicated to the petitioner.

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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.8700 OF 2020(J)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER NO.ITBA/AST/S/143(3)/2019-20/1023529575(1) DATED 31.12.2019 ISSUED FOR THE YEAR 201718 BY THE 2ND RESPONDENT.

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EXHIBIT P2 TRUE COPY OF THE APPEAL DATED 27.01.2020 FILED BEFORE THE 3RD RESPONDENT FOR THE ASSESSMENT YEAR 2017-18.

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EXHIBIT P3 TRUE COPY OF THE DEMAND NOTICE NO.ITBA/AST/S/156/2019-20/1023529673(1) DATED 31.12.2019 FOR THE YEAR 2017-18 ISSUED BY THE 2ND RESPONDENT.

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EXHIBIT P4 TRUE COPY OF THE DEMAND NOTICE NO.ITBA/COM/F/17/2019-20/1024824809(1) DATED 06.02.2020 FOR THE YEAR 2017-18 ISSUED BY THE 2ND RESPONDENT.

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EXHIBIT P5 TRUE COPY OF THE STAY APPLICATION FILED ON 10.02.2020 BEFORE THE 3RD RESPONDENT IN EXT.P2 APPEAL.

Perumbavoor Urban Co-Operative Bank Ltd. NO.2024 v. the Central Board of Direct Taxes

Case brief

What is this about?

What did the court decide?

Perumbavoor Urban Co-Operative Bank Ltd. NO.2024 v. the Central Board of Direct Taxes

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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