Allowed

Kundayam Service Co-Operative Bank Ltd. NO.3259 v. the Income Tax Officer

Kerala HC9 Dec 2022WP(C)/39825/2022

Case brief

AI extract

What is this about?

The High Court directed the first respondent not to proceed with recovery of a tax demand for the assessment year 2017-2018, pending the disposal of a stay petition filed before the Tribunal. The petition was disposed of after the Court found the reliefs granted nature of the challenges raised.

What did the court decide?

Directed the first respondent not to proceed with recovery of the demand based on the assessment order of the year 2017-2018 till Ext.P4 application is disposed of by the third respondent.

Kundayam Service Co-Operative Bank Ltd. NO.3259 Vs the Income Tax… — Income Tax | Kerala HC (2022)

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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 K. BABU

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FRIDAY, THE 9TH DAY OF DECEMBER 2022 / 18TH AGRAHAYANA, 1944

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WP(C) NO. 39825 OF 2022

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PETITIONER:

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KUNDAYAM SERVICE CO-OPERATIVE BANK LTD. NO.3259
REPRESENTED BY ITS SECRETARY, KUNDAYAM P.O,
PATHANAPURAM, KOLLAM DISTRICT.
PIN – 689695

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BY ADVS.
ARJUN RAGHAVAN
T.R.HARIKUMAR

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RESPONDENTS:

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1THE INCOME TAX OFFICER
WARD-4,
OFFICE OF THE JOINT COMMISSIONER OF INCOME TAX,
KOLLAM RANGE, AAYAKAR BHAVAN,
NEAR KARBALA JUNCTION, KOLLAM.
PIN – 691001

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

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3THE REGISTRAR, INCOME TAX APPELLATE TRIBUNAL
COCHIN BENCH, KENDRIYA BHAVAN, BLOCK NO.C1 & C2,
1ST FLOOR, KAKKANAD, COCHIN.
PIN – 682030

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BY ADVs
SRI. CHRISTOPHER ABRAHAM
SRI. JOSE JOSEPH,SC FOR INCOME TAX DEPARTMENT

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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W.P.(C) No.39825 of 2022

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K.BABU, J.

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W.P.(Crl) No.39825 of 2022

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Dated this the 9^th day of December , 2022

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JUDGMENT

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The prayers in this Writ Petition filed under Article 226 of

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the Constitution of India are as follows:-

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“(i) to issue a writ of mandamus or any other writ, order or direction, directing the 1^st respondent not to proceed with recovery of the demand based on the assessment order for the year 2017-2018, till Ext.P4 stay petition disposed of by 3^rd respondent Tribunal;

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(ii) to issue a writ of mandamus or any other writ, order or direction, directing the 1^st respondent not to proceed with recovery of the demand based on the assessment order for the year 2017-2018, till Ext.P3 appeal disposed of by 3^rd respondent Tribunal;

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and

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(iii) to grant such other relief’s as this Honourable Court may deem fit in the circumstances of this case.”

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2. Heard both sides.

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3. The petitioner is a Primary Agricultural Credit Society

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Registered as per the provisions of the Kerala Co-operative

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Societies Act. The petitioner had filed its return of income for

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the assessment year 2017-2018, declaring nil income. Later,

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the petitioner was served with a notice under Section 143(2) of

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W.P.(C) No.39825 of 2022

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the Income Tax Act, followed by a notice under Section 142 (1) on the premise that the petitioner is not eligible for the deduction under 80P of the Income Tax Act.

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The petitioner preferred first appeal before the 2^nd respondent which was allowed partly. Later, the petitioner had preferred second appeal (Ext.P3). The petitioner also prayed for the stay of the recovery proceedings as per Ext.P4 application.

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Now, the petitioner has prayed for giving direction to the 1^st respondent not to proceed with the recovery of the demand based on the assessment of the 2017-2018 till the disposed of Ext.P4.

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Having regard to the nature of challenges raised by the petitioner, this Court feels that the reliefs prayed for can be granted. Therefore, first respondent is directed not to proceed with the recovery of the demand based on the assessment order of the year 2017-2018 till Ext.P4 application is disposed of by the third respondent.

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The Writ Petition (Civil) is disposed of accordingly.

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K.BABU
 JUDGE

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VPK

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W.P.(C) No.39825 of 2022

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APPENDIX OF WP(C) 39825/2022

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PETITIONER EXHIBITS

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`Exhibit-P1`	`A TRUE COPY OF THE ASSESSMENT ORDER FOR` `THE ASSESSMENT YEAR 2017-2018 DATED 30-` `11-2019`
`Exhibit-P2`	`A TRUE COPY OF THE ORDER DATED 19-09-2022` `ISSUED BY THE 2ND RESPONDENT`
`Exhibit-P3`	`A TRUE COPY OF THE APPEAL MEMORANDUM` `DATED 28-11-2022 ALONG WITH AFFIDAVIT AND` `CHELAN, FILED BY THE PETITIONER BEFORE` `THE 3RD RESPONDENT TRIBUNAL`
`Exhibit-P4`	`A TRUE COPY OF THE STAY PETITION FILED IN` `EXT-P3 APPEAL, DATED 28-11-2022`
`Exhibit-P5`	`A TRUE COPY OF THE JUDGMENT DATED 19-07-` `2019 IN W.A NO.1639 OF 2019 OF THIS` `HON'BLE COURT`
`Exhibit-P6`	`A TRUE COPY OF THE JUDGMENT DATED 11-07-` `2022 IN WP(C) NO.22397 OF 2022 OF THIS` `HON'BLE COURT`

Kundayam Service Co-Operative Bank Ltd. NO.3259 v. the Income Tax Officer

Case brief

What is this about?

What did the court decide?

Kundayam Service Co-Operative Bank Ltd. NO.3259 v. the Income Tax Officer

Case brief

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What did the court decide?

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