KAIPAMANGALAM SERVICE CO-OPERATIVE BANK LTD.NO.F 899 vs. THE INCOME TAX OFFICER (TDS),

Learned counsel appearing for the respondent- Department would point out that the assessment was completed, after providing all opportunities to the petitioner. It is submitted that, apart from the question of deduction under Section 80P of the Income Tax Act, certain other issues are also involved in the order of assessment. It is submitted that there are no extraordinary circumstances warranting determination of the questions raised in a writ petition under Article 226 of the Constitution of India. It is submitted that the petitioner can very well prefer an appeal before the appellate authority against Ext.P2 order of assessment.

Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent Department, I am of the view that there is considerable merit in the contention taken by the learned counsel appearing for the WP(C) NO. 42936 OF 2022 3 respondent-Department. There are no extraordinary circumstances warranting the consideration of the correctness of Ext.P2 order of assessment in a writ petition under Article 226 of the Constitution of India. The petitioner has an effective alternative remedy of filing an appeal before the National Faceless Appeal Centre. Therefore, this writ petition stands disposed of, directing that if petitioner files an appeal against Ext.P2 order of assessment along with an application for stay, within a period of two weeks from the date of receipt of a certified copy of this judgment, all demands pursuant to Ext.P2 order of assessment shall be kept in abeyance till a decision is taken by the National Faceless Appeal Centre on the stay petition to be filed by the petitioner as above. The National Faceless Appeal Centre shall decide the stay petition to be filed, after affording an opportunity of hearing to the petitioner. If the petitioner does not file an appeal along with the stay petition within the time granted as above, the petitioner will lose the benefit of this judgment.