Disposed

The Malanad Service Co-Operative Bank Ltd. No. K. 340, v. the Income Tax Officer

Kerala HC16 Dec 2021WP(C)/29161/2021

Case brief

AI extract

What is this about?

The Kerala High Court issued a writ directing the Commissioner of Income Tax (Appeals) to consider the petitioner's technical appeal regarding disallowed Section 80P deductions and stayed recovery pursuant to the assessment order.

What did the court decide?

Direction to the 2nd respondent to consider Ext.P2 statutory appeal within six months; stay of recovery pursuant to Ext.P1 order.

The Malanad Service Co-Operative Bank Ltd. No. K. 340, Vs the… — Income Tax | Kerala HC (2021)

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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 MURALI PURUSHOTHAMAN

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THURSDAY, THE 16^TH DAY OF DECEMBER 2021 / 25TH AGRAHAYANA, 1943

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WP(C) NO. 29161 OF 2021

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PETITIONER/S:

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THE MALANAD SERVICE CO-OPERATIVE BANK LTD NO.K-340 MALANAD SCB BUILDING, VAGAMON PO, ELAPPARA IDUKKI 685 503 REP. BY ITS SECRETARY JAIN XAVIER

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BY ADV S.ARUN RAJ

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RESPONDENT/S:

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1 THE INCOME TAX OFFICER NATIONAL FACELESS ASSESSMENT CENTRE INCOME TAX DEPARTMENT, 2ND FLOOR, E-RAMP JAWAHARLAL NEHRU STADIUM NEW DELHI – 110003

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2 COMMISSIONER OF INCOME TAX (APPEALS) NATIONAL FACELESS APPEAL CENTRE NORTH BLOCK, NEW DELHI 110001

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R BY SRI.JOSE JOSEPH, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 29161 OF 2021 ..2..

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JUDGMENT

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The petitioner is a primary agricultural society and is aggrieved by Ext.P1 order of assessment passed by the 1^st respondent disallowing the deductions claimed under Section 80P of the Income Tax Act. Against Ext.P1 order, the petitioner has preferred Ext.P2 appeal before the 2^nd respondent. The limited prayer of the petitioner is for a direction to the 2^nd respondent to consider Ext.P2 appeal.

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Heard the learned Counsel for the petitioner and the learned Standing Counsel for the Income Tax department.

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In the facts and circumstances of the case, there will be a direction to the 2^nd respondent to consider Ext.P2 statutory appeal, within a period of six months from the date of receipt of a copy of this judgment. Till orders are passed on Ext.P2 appeal as above, there will a stay of recovery pursuant to Ext.P1 assessment order.

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The writ petition is disposed of accordingly.

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Sd/MURALI PURUSHOTHAMAN JUDGE

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SB/16/12/2021

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WP(C) NO. 29161 OF 2021 ..3..

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APPENDIX

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PETITIONERS EXTS.

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EXT.P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 17.2.21 PASSED BY THE 1ST RESPONDENT UNDER SECTION 143(3) R.W.S.143(3A) & 143 (3B) OF THE ACT FOR THE AY 2018-19

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EXT.P2 TRUE COPY OF THE FIRST APPEAL FILED BY THE PETITIONER BEFORE THE FIRST APPELLATE AUTHORITY FOR THE AY 2018-19

The Malanad Service Co-Operative Bank Ltd. No. K. 340, v. the Income Tax Officer

Case brief

What is this about?

What did the court decide?

The Malanad Service Co-Operative Bank Ltd. No. K. 340, v. the Income Tax Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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