MUTTATHARA SERVICE CO-OPERATIVE BANK LTD, TC 42/942(1), vs. THE CENTRAL BOARD OF DIRECT TAXES

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946 WP(C) NO. 18999 OF 2024 PETITIONER: MUTTATHARA SERVICE CO-OPERATIVE BANK LTD, TC 42/942(1), MUTTATHARA, VALLAKKADAVU P.O THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY NIRMAL V., PIN – 695 008. BY ADVS. K.P.PRADEEP T.T.BIJU T.THASMI M.J.ANOOPA RESPONDENTS: 1 THE CENTRAL BOARD OF DIRECT TAXES DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI REPRESENTED BY ITS CHAIRMAN, PIN – 110 001. 2 ADDITIONAL COMMISSIONER OF INCOME TAX ASSESSMENT UNIT, INCOME TAX DEPARTMENT NATIONAL FACELESS ASSESSMENT CENTRE, DELHI ROOM NO.401, 2ND FLOOR, E-RAMP, JAWAHARLAL NEHRU STADIUM, DELHI, PIN – 110 003. 3 COMMISSIONER OF INCOME TAX (APPEALS) NATIONAL FACELESS APPEAL CENTRE (NFAC), DELHI, ROOM NO.401, 2ND FLOOR, E-RAMP, JAWAHARLAL NEHRU STADIUM, DELHI, PIN – 110 003. SRI. CHRISTOPHER ABRAHAM SRI. P.R.AJITH KUMAR - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.18999 OF 2024 2 JUDGMENT The petitioner Co-operative society is an assessee under the Income Tax Act, 1961 (for short, ‘the Act’). For the assessment year 2012- 2013, the petitioner filed return claiming deduction under Section 80(P) of the Act. However, the assessment was completed by rejecting the claim for deduction and Ext.P1 penalty order under Section 271(1)(c) of the Act was passed. The petitioner filed Ext.P2 appeal before the 3rd respondent under Section 246A of the Act. Along with Ext.P2, Ext.P3 stay petition was also filed. However, the 2nd respondent, the Assessing Authority issued Ext.P4 notice under Section 156 of the Act, pursuant to Ext.P1 order. Aggrieved by the same, the petitioner has approached this Court.

WP(C).No.18999 OF 2024 3 2. Ext.P2 is a statutory appeal. There will be a direction to the 3rd respondent to consider Ext.P3 stay petition, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Till orders are passed on the stay petition, all recovery proceedings pursuant to Exts.P1 and P4 shall be deferred. The writ petition is disposed of with the above direction. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR

WP(C).No.18999 OF 2024 4 APPENDIX PETITIONER’

S EXHIBITS

:- EXHIBIT P1 TRUE COPY OF THE PENALTY ORDER NO ITBA/PNL/F/271(1)(C)/2024-25/1064702031(1) DATED 07-05-2024 ISSUED FOR THE YEAR 2012- 13 BY THE 2NDRESPONDENT TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE APPEAL DATED 09-05-2024 AGAINST THE PENALTY ORDER FILED FOR THE YEAR 2012-13 BEFORE THE 3RD RESPONDENT BY THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE STAY PETITION DATED 9-05- 2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P4 TRUE COPY OF THE DEMAND NOTICE NO. ITBA/PNL/S/156/2024-25/1064699293(1) DATED 07-05-2024 IN PENALTY ORDER ISSUED UNDER SECTION 156 OF THE INCOME TAX ACT, 1961,FOR THE ASSESSMENT YEAR 2012-13 BY THE 2ND RESPONDENT TO THE PETITIONER. RESPONDENTS EXHIBITS: NIL.