2019-VIL-468-KER-DT

KERALA HIGH COURT

W.P(C).No.34700 OF 2019(J)

Date: 18.12.2019

THE ARYANAD SERVICE CO-OPERATIVE BANK LTD.

Vs

INCOME TAX OFFICER, THE PRINCIPAL COMMISSIONER OF INCOME TAX, INCOME TAX APPELLATE TRIBUNAL

FOR THE PETITIONER : SRI.S.ARUN RAJ SMT.C.T.SUJA
FOR THE RESPONDENT : SRI.CHRISTOPHER ABRAHAM, SC

BENCH

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

JUDGMENT

Against Ext.P3 rectification order under the Income Tax Act, the petitioner has preferred Ext.P4 appeal together with Ext.P5 delay condonation petition as also Ext.P6 stay petition before the 3rd respondent. It is the case of the petitioner that even prior to considering the stay petition, recovery steps are taken by the respondents against the petitioner for recovery of the amounts confirmed by Ext.P3 rectification order. It is stated by the learned counsel for the petitioner that the issue involved in the appeal pertains to dis-allowance of deduction claimed under Section 80P of the Income Tax Act.

2. I have heard the learned counsel appearing for the petitioner and also the learned Standing counsel appearing for the respondents.

On a consideration of the facts and circumstances of the case as also the submissions made across the Bar and taking note of the fact that in similar matters, this Court has directed the Appellate Authority to consider and pass orders in the appeal and stayed the recovery of disputed amounts pending disposal of the appeal. Taking note of the fact that delay occassioned in filing the appeal before the 3rd respondent is only 20 days, I deem it appropriate to condone the delay, and dispose this Writ petition with a direction to the 3rd respondent to consider and pass orders on Ext.P4 appeal within an outer time limit of six months from the date of receipt of a copy of this judgment. Recovery steps for recovery of amounts confirmed against the petitioner by Ext.P3 rectification order shall be kept in abeyance till such time as orders are passed by the 3rd respondent as directed above and communicated to the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 3rd respondent, for further action.

 

DISCLAIMER: Though all efforts have been made to reproduce the order accurately and correctly however the access, usage and circulation is subject to the condition that VATinfoline Multimedia is not responsible/liable for any loss or damage caused to anyone due to any mistake/error/omissions.