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The High Court of Kerala disposed of the writ petition by directing the 3rd respondent (Commissioner of Income Tax (Appeals)) to consider and pass orders on the petitioner's appeals (Ext.P2 series) within six months from the date of receiving a copy of the judgment, after hearing the petitioner. Crucially, the Court ordered that recovery steps pursuant to the demand notices (Ext.P4 series) for the amounts confirmed against the petitioner shall be kept in abeyance until such time as the 3rd respondent passes orders on the appeals and communicates them to the petitioner. The petitioner was directed to furnish a copy of the writ petition and the judgment to the 3rd respondent. The issue regarding the disallowance of deduction under Section 80P was not decided on merits by the High Court, but the recovery was stayed pending the appellate authority's decision.
The High Court disposed of the writ petition by directing the 3rd respondent (Commissioner of Income Tax (Appeals)) to consider and pass orders on the petitioner's appeal (Ext. P2) within six months from the date of receipt of the judgment, after hearing the petitioner. The Court clarified that recovery steps for the amounts confirmed by the assessment/rectification orders shall be kept in abeyance until the 3rd respondent passes orders and communicates them to the petitioner. The petitioner is to furnish a copy of the writ petition and the judgment to the 3rd respondent for further action. The Court did not decide on the merits of the assessment/rectification orders themselves, but rather on the procedural aspect of ensuring the appeal is heard without immediate recovery pressure.
The High Court disposed of the writ petition by directing the Income Tax Appellate Tribunal (3rd respondent) to consider and pass orders on the appeals (Exts.P4 and P4(a)) within an outer time limit of six months from the date of receipt of a copy of the judgment. The Court also directed that recovery steps pursuant to the demand notice (Ext.P6) for the amounts confirmed against the petitioner shall be kept in abeyance until such time as the Tribunal passes orders on the appeals and communicates them to the petitioner. The petitioner is required to produce a copy of the judgment and the writ petition before the Tribunal for further action. The specific finding on the disallowance of deduction under Section 80P was not decided by the High Court, as the matter was disposed of procedurally.
The High Court held that the definition of 'banking' as provided in the Banking Regulation Act, 1949, should be adopted for interpreting the phrase 'business of banking' under the Income Tax Act. According to this definition, banking involves accepting deposits of money from the public, not just from members. The Court found no material to suggest that the petitioner societies accepted deposits from the public. Therefore, they are not engaged in the 'business of banking' for the purpose of Section 194A(3)(iii)(a). Consequently, the circulars directing TDS on interest income from Treasury deposits were legally sound and the challenge was rejected. The Court clarified that while the exemption under Section 194A(3)(iii)(a) is not available, TDS amounts deducted would be credited to the banks' accounts, and they could claim refunds or apply for a certificate under Section 197 of the Income Tax Act if they are not liable to tax. The Court also declared that for deposits made with Co-operative Banks, the exemption under Section 194A(3)(iii)(v) would apply.
The High Court of Kerala, taking note of the petitioner's submission that the entire amounts due had been recovered through garnishee proceedings while the stay petition was pending, found that there was no scope for further recovery proceedings to be initiated by the respondents. Consequently, the Court directed the Income Tax Appellate Tribunal (3rd respondent) to consider and pass orders on the petitioner's appeal (Ext.P4) within an outer time limit of three months from the date of receipt of a copy of the judgment. The petitioner was directed to produce a copy of the judgment and the writ petition before the Tribunal for further action. The High Court did not decide the merits of the appeal itself but ensured its expeditious disposal.
The High Court quashed the conditional stay order (Ext.P4) passed by the 2nd respondent. The Court directed the 2nd respondent to consider and pass orders on the petitioner's appeal (Ext.P2) within six months from the date of receiving a copy of the judgment, after hearing the petitioner. Recovery steps for the amounts confirmed against the petitioner by the assessment order were to be kept in abeyance until the 2nd respondent passed orders on the appeal and communicated them to the petitioner. The reasoning was based on the Division Bench judgment cited by the petitioner, which advocated for considering appeals without insisting on pre-deposit in similar Section 80P deduction cases. The principle is that appellate authorities should not impose onerous conditions for stay when there is a strong prima facie case or precedent suggesting otherwise.
The High Court of Kerala quashed the conditional stay order (Ext.P4). It directed the Commissioner of Income Tax (Appeals) to consider and pass orders on the petitioner's appeal (Ext.P2) within six months from the date of receiving a copy of the judgment, after hearing the petitioner. Recovery proceedings for amounts confirmed by the assessment order were to be kept in abeyance until the appellate authority passed its orders and communicated them to the petitioner. The court's reasoning was based on the Division Bench judgment cited by the petitioner, which provided a precedent for dealing with similar cases involving Section 80P deductions and pre-deposit conditions.
The High Court of Kerala, while not deciding the merits of the appeal concerning the disallowance of deduction under Section 80P, disposed of the writ petition by directing the Income Tax Appellate Tribunal (3rd respondent) to consider and pass orders on the petitioner's appeal (Ext.P4) within an outer time limit of six months from the date of receipt of the judgment. Crucially, the Court ordered that recovery steps pursuant to the demand notice (Ext.P6) for the amounts confirmed in the rectified order (Ext.P3) shall be kept in abeyance until such time as the Tribunal passes its orders and communicates them to the petitioner. The petitioner was directed to provide a copy of the writ petition and the judgment to the Tribunal for further action. The principle established is that pending appeal and stay, recovery should be held in abeyance to allow for a proper adjudication of the dispute.
The High Court, taking note of the petitioner's submission and finding that similar matters had resulted in a stay of recovery pending the appeal's disposal by the first appellate authority, disposed of the writ petition. The Court directed the second respondent (Commissioner of Income Tax (Appeals)) to consider and pass orders on the petitioner's appeal (Ext.P10) within an outer time limit of six months from the date of receiving a copy of the judgment, after hearing the petitioner. Recovery steps, including further proceedings pursuant to the garnishee notice (Ext.P9), were ordered to be kept in abeyance until the second respondent passes orders and communicates them to the petitioner. The Court also clarified that the petitioner would be permitted to operate its bank account mentioned in Ext.P9 during the period the stay is in operation. No specific finding was made on the merits of the Section 80P deduction.
The High Court quashed the conditional order of stay (Ext.P4) passed by the Commissioner of Income Tax (Appeals). The Court directed the Commissioner of Income Tax (Appeals) to consider and pass orders on the appeal (Ext.P2) within six months from the date of receipt of the judgment. Recovery steps for the amounts confirmed by the assessment order were to be kept in abeyance until the Appellate Authority passed its orders and communicated them to the petitioner. The principle derived is that in cases involving substantial issues like deductions under Section 80P, and where High Court precedents exist, the Appellate Authority should be directed to decide the appeal expeditiously without unduly burdening the assessee with pre-deposit requirements, especially when the appeal is pending. No issue was expressly left undecided.
The High Court disposed of the writ petition by directing the 3rd respondent (Income Tax Appellate Tribunal) to consider and pass orders on the petitioner's appeal (Ext.P4) within an outer time limit of six months. The Court further directed that recovery steps for the amounts confirmed against the petitioner shall be kept in abeyance until such time as orders are passed by the Tribunal and communicated to the petitioner. The reasoning is based on the Court's practice in similar matters where it has directed the Appellate Authority to expedite the disposal of appeals and stayed recovery pending the outcome. The specific issue of disallowance of deduction under Section 80P was not decided on merits by the High Court.
The High Court disposed of the writ petition by directing the 3rd respondent (Income Tax Appellate Tribunal) to consider and pass orders on the petitioner's appeal (Ext.P4) within an outer time limit of six months. The Court further directed that recovery steps for the amounts confirmed against the petitioner shall be kept in abeyance until such time as orders are passed by the 3rd respondent and communicated to the petitioner. The reasoning for this decision was based on the Court's practice in similar matters where it had directed the Appellate Authority to consider appeals and stayed recovery pending disposal. The specific issue of disallowance of deduction under Section 80P was not decided on merits by the High Court, but the appeal concerning it was to be heard by the ITAT.
The High Court of Kerala, while acknowledging the petitioner's submission regarding previous High Court orders in similar cases concerning Section 80P deductions, disposed of the writ petition. The Court quashed the conditional order of stay (Ext.P4) passed by the 2nd respondent. It directed the 2nd respondent to consider and pass orders on the petitioner's appeal (Ext.P2) within six months from the date of receiving a copy of the judgment, after hearing the petitioner. The Court further clarified that recovery steps for the amounts confirmed by the assessment order (Ext.P1) would be kept in abeyance until the 2nd respondent passes the order on the appeal and communicates it to the petitioner. The petitioner was directed to furnish copies of the writ petition and the judgment to the 2nd respondent.
The High Court disposed of the writ petition by directing the Income Tax Appellate Tribunal (3rd respondent) to consider and pass orders on the petitioner's appeal (Ext.P4) within an outer time limit of six months. The Court also directed that recovery steps for the amounts confirmed against the petitioner shall be kept in abeyance until orders are passed by the Tribunal and communicated to the petitioner. This decision was based on the High Court's observation that in similar matters, it had directed the Appellate Authority to consider and pass orders on the appeal and stayed recovery of disputed amounts pending disposal. The specific finding on the merits of the Section 80P deduction disallowance was not made by the High Court, as the appeal was pending before the Tribunal.
The High Court disposed of the writ petition with specific directions. The Court held that the recovery steps for the amounts confirmed by the assessment order should be kept in abeyance until the appellate authority passes reasoned orders on the stay petition. The 2nd respondent (Commissioner of Income Tax (Appeals)) was directed to consider and pass reasoned orders on the stay petition within one month of receiving a copy of the judgment, after hearing the petitioner. The operative direction was to keep recovery steps in abeyance until the stay petition is decided. No issue was expressly left undecided, as the court provided a procedural resolution.
The High Court disposed of the writ petition by directing the 3rd respondent (Income Tax Appellate Tribunal) to consider and pass orders on the appeal (Ext.P4) within an outer time limit of six months. The Court further directed that recovery steps for the amounts confirmed against the petitioner shall be kept in abeyance until such time as orders are passed by the ITAT and communicated to the petitioner. The reasoning for this direction was based on the Court's practice in similar matters where it had directed the Appellate Authority to consider and pass orders on appeals and stayed recovery of disputed amounts pending disposal. The specific finding on the disallowance of deduction under Section 80P was not decided by the High Court in this writ petition, as it was remitted to the ITAT for consideration.
The High Court disposed of the writ petition with specific directions. Firstly, the 2nd respondent (Commissioner of Income Tax (Appeals)) was directed to consider and pass reasoned orders on the stay petition (Ext.P3) within one month of receiving a copy of the judgment, after hearing the petitioner. Secondly, recovery steps for the amounts confirmed by the assessment order (Ext.P1) were to be kept in abeyance until the 2nd respondent passed orders on the stay petition and communicated them to the petitioner. The petitioner was directed to furnish copies of the writ petition and the judgment to the 2nd respondent for further action. The court did not decide the merits of the appeal or the stay petition itself, but rather directed the expeditious disposal of the stay petition.
The High Court of Kerala, considering the facts and circumstances and submissions, disposed of the writ petition. It directed the Income Tax Appellate Tribunal (3rd respondent) to consider and pass orders on the petitioner's appeal (Ext.P4) within an outer time limit of six months. Furthermore, the Court ordered that recovery steps for the amounts confirmed against the petitioner by the rectified order (Ext.P3) shall be kept in abeyance until the Tribunal passes its orders and communicates them to the petitioner. The petitioner is directed to furnish a copy of the writ petition and the judgment to the Tribunal. The High Court did not decide the merits of the disallowance of deduction under Section 80P, as the primary focus was on procedural directions.
The High Court held that the writ petition was infructuous as the assessment proceedings for the assessment years 2003-2004 to 2008-2009 had been completed. The Court observed that the challenged proceedings were issued at the stage of provisional assessment, and since the final assessment was complete, nothing remained for consideration in the writ petition. The petition was closed as infructuous. The Court explicitly stated that the contentions of the petitioner were left open to be decided in appropriate proceedings against the assessment, if any. No specific findings were made on the merits of the provisional assessment itself.
The High Court disposed of the writ petition by directing the ITAT (3rd respondent) to consider and pass orders on the appeal (Ext.P4) within an outer time limit of six months. The Court further directed that recovery steps for the amounts confirmed against the petitioner be kept in abeyance until orders are passed by the ITAT and communicated to the petitioner. The judgment does not provide a decision on the merits of the disallowance of deduction under Section 80P, as it focuses on the procedural aspect of expediting the appeal and staying recovery. The principle established is that recovery should be stayed pending the disposal of an appeal where a stay petition is also filed, and the appellate authority should be directed to dispose of the appeal expeditiously.
The High Court disposed of the writ petition by directing the second respondent (Commissioner of Income Tax (Appeals)) to consider and pass orders on the petitioner's appeal (Ext.P3) within an outer time limit of six months. Crucially, the Court ordered that recovery steps for the amounts confirmed by the revised assessment order (Ext.P2), including further steps pursuant to Ext.P7, shall be kept in abeyance until orders are passed by the second respondent and communicated to the petitioner. The Court also permitted the petitioner to operate the bank account mentioned in Ext.P7 during the period the stay granted by the Court is in operation. The primary principle applied is the need to preserve the status quo and allow the appellate process to conclude before coercive recovery measures are enforced, especially when a stay petition is pending.
The High Court of Kerala, in WP(C).No.31866 of 2019, quashed the impugned stay order (Ext.P4). The Court directed the 3rd respondent (Commissioner of Income Tax (Appeals)) to consider and pass orders on the petitioner's appeal (Ext.P2) expeditiously, within three months from the date of receipt of a copy of the judgment, after hearing the petitioner. Pending disposal of the appeal and communication of the orders, there will be a stay of further proceedings for recovery of amounts confirmed against the petitioner by the penalty order (Ext.P1). The ratio of the decision is that in cases involving Primary Agricultural Credit Societies with significant financial implications, and where similar orders have been passed by the High Court, the appellate authority should be directed to dispose of the appeal expeditiously, with a stay on recovery proceedings in the interim. The petitioner was directed to produce copies of the writ petition and the judgment before the 3rd respondent.
The High Court, in consideration of the facts, circumstances, submissions, and a previous judgment (Ext.P5) in almost identical circumstances, quashed the impugned order (Ext.P4). The Court directed the 3rd respondent (Joint Commissioner of Income Tax (Appeals)) to consider and pass orders on the petitioner's appeal (Ext.P2) expeditiously, after hearing the petitioner, within three months from the date of receipt of a copy of the judgment. Pending disposal of the appeal and communication of the orders, there will be a stay of further recovery proceedings for amounts confirmed against the petitioner by the penalty order (Ext.P1). The petitioner was directed to produce copies of the writ petition and the judgment before the 3rd respondent.
The High Court of Kerala, while not deciding the merits of the appeal concerning the disallowance of deduction under Section 80P, disposed of the writ petition by directing the Income Tax Appellate Tribunal (3rd respondent) to consider and pass orders on the petitioner's appeal (Ext.P4) within an outer time limit of six months. Crucially, the Court ordered that recovery steps for the amounts confirmed against the petitioner shall be kept in abeyance until such time as orders are passed by the Tribunal and communicated to the petitioner. The ratio decidendi is that in cases where an appeal and stay petition are pending before the Tribunal, and recovery is being pursued aggressively, the Tribunal should be directed to expedite the disposal of the appeal and stay the recovery pending its decision. The operative direction is to stay recovery and expedite the appeal process.
The High Court disposed of the writ petition by directing the Income Tax Appellate Tribunal (3rd respondent) to consider and pass orders on the petitioner's appeal (Ext.P4) within an outer time limit of six months. Recovery steps for the amounts confirmed by the rectified order (Ext.P3) are to be kept in abeyance until orders are passed by the Tribunal and communicated to the petitioner. The petitioner is directed to furnish a copy of the writ petition and the judgment to the Tribunal for further action. The specific finding on the disallowance of deduction under Section 80P was not decided by the High Court, as the direction was for the Tribunal to adjudicate the appeal. The ratio is that where an appeal and stay petition are pending before the Tribunal, and recovery steps are being initiated, the High Court may direct the Tribunal to expedite the disposal of the appeal and stay recovery pending such disposal.
The High Court disposed of the writ petition by directing the 3rd respondent (Income Tax Appellate Tribunal) to consider and pass orders on the petitioner's appeal (Ext.P4) within an outer time limit of six months. The Court further ordered that recovery steps for the amounts confirmed by the rectified order (Ext.P3) shall be kept in abeyance until such time as orders are passed by the Tribunal and communicated to the petitioner. The reasoning was based on the Court's practice in similar matters where it had directed the Appellate Authority to consider appeals and stayed recovery pending disposal. The specific finding on the disallowance of deduction under Section 80P was not addressed as the writ petition was disposed of on procedural grounds.
The High Court, upon considering the facts, circumstances, and submissions, found that in similar cases, it had directed the Appellate Authority to dispose of the appeals. Consequently, the Court quashed the impugned stay order (Ext.P6). It directed the 1st respondent (Commissioner of Income Tax (Appeals)) to consider and pass orders on the petitioner's appeal (Ext.P3) within six months from the date of receiving a copy of the judgment, after hearing the petitioner. The Court also ordered that recovery steps for the amounts confirmed by the assessment order (Ext.P1) would be kept in abeyance until the 1st respondent passed and communicated their order. The petitioner was directed to furnish copies of the writ petition and the judgment to the 1st respondent for further action.
The High Court of Kerala disposed of the Writ Petition by directing that the Income Tax department shall release the seized cash amount of Rs. 90,00,000/- to the petitioner. This release is conditional upon the petitioner furnishing an unconditional and irrevocable bank guarantee for the same amount in favour of the Director of Income Tax (Investigation). The understanding is that this bank guarantee can be encashed by the respondents if any amounts are found to be due from the petitioner pursuant to the assessment order. The Court considered the rival submissions and found this arrangement to be a suitable resolution, balancing the petitioner's need for the cash and the department's interest in securing potential tax liabilities. No issue was expressly left undecided.
The High Court of Kerala directed the Income Tax Appellate Tribunal to dispose of the stay application filed by the petitioner within a period of two months after hearing the petitioner. The Court also ordered that recovery proceedings pursuant to the impugned order in the appeal shall be deferred until the disposal of the stay application by the Tribunal. The High Court did not decide the merits of the appeal or the stay application itself, but rather directed the Tribunal to consider the stay application expeditiously. The specific grounds for the stay application or the underlying dispute are not detailed.
The High Court, in light of its previous judgment in W.P.(C) No.28170/2019 (Ext.P5), held that all recovery proceedings pursuant to the impugned order in the appeal before the third respondent (Commissioner of Income Tax (Appeals)) shall be kept in abeyance until the appeal is disposed of. The reasoning is based on the principle established in the cited judgment, which addressed a similar situation. The operative direction is to stay recovery proceedings pending the appeal's disposal.
The High Court of Kerala, in light of its previous judgment in W.P.(C) No.28170/2019 (Ext.P8), held that all recovery proceedings pursuant to the impugned orders in the appeals before the third respondent (Commissioner of Income Tax (Appeals)) shall be kept in abeyance till the appeals are disposed of. The court did not delve into the merits of the disputed amount or the validity of the assessment itself. The reasoning is based on the precedent established in the earlier writ petition, which addressed the issue of keeping recovery proceedings in abeyance pending appeal. The operative direction is to keep recovery proceedings in abeyance. No issue was expressly left undecided.
The High Court of Kerala, in light of its previous judgment in W.P.(C) No. 28170/2019 (Ext.P5), decided that all recovery proceedings pursuant to the impugned order in the appeal before the third respondent (Commissioner of Income Tax (Appeals)) shall be kept in abeyance until the appeal is disposed of. The Court did not delve into the merits of the disputed amount or the appeal itself. The reasoning is based on precedent established in a similar case. The operative direction is to stay recovery proceedings pending the appeal's disposal. No issues were left undecided.
The High Court of Kerala, in light of its previous judgment in W.P.(C) No.28170/2019 (Ext.P8), held that all recovery proceedings pursuant to the impugned orders in the appeals before the third respondent (Commissioner of Income Tax (Appeals)) shall be kept in abeyance until the appeals are disposed of. The court did not delve into the merits of the disputed amount or the underlying assessment. The reasoning is based on precedent, where a similar request for staying recovery proceedings pending appeal was granted. The operative direction is to keep recovery proceedings in abeyance. No issue was expressly left undecided.
The High Court granted permission for the withdrawal of the appeal. Consequently, the appeal was dismissed as withdrawn.
The High Court granted permission for the withdrawal of the appeal. The appeal was consequently dismissed as withdrawn.
The High Court directed the 4th respondent, the Commissioner of Income Tax (Appeals), to consider and pass orders on the petitioner's appeal (Ext.P3) within an outer time limit of six months from the date of receipt of a copy of the judgment. The Court also ordered that recovery steps for the amounts confirmed against the petitioner by the assessment order (Ext.P2) shall be kept in abeyance until such time as orders are passed by the 4th respondent and communicated to the petitioner. The High Court's decision was based on the precedent of similar cases where it had directed the Appellate Authority to consider the appeal and stayed recovery proceedings. No specific finding was made on the merits of the Section 80P deduction disallowance, as the appeal was pending.
The High Court partly allowed the appeal and cross-objection, enhancing the compensation awarded by the Tribunal. The court modified the calculation of loss of dependency and adjusted amounts for funeral expenses and loss of estate.
The High Court disposed of the writ petition by directing the second respondent, the Commissioner of Income Tax (Appeals) - II, to consider and pass orders on the petitioner's appeal (Ext.P3) within an outer time limit of six months from the date of receipt of a copy of the judgment. The court also ordered that recovery steps for the amounts confirmed against the petitioner by the impugned orders (Exts.P1 and P2) shall be kept in abeyance until such time as orders are passed by the second respondent and communicated to the petitioner. The petitioner was directed to furnish a copy of the writ petition and the judgment to the second respondent. The court did not decide the merits of the disallowance under Section 80P, as the appeal was pending.
The High Court found that the matter required reconsideration by the Tribunal in light of a Supreme Court decision. The court did not answer the questions of law directly but remitted the appeals for fresh disposal.
The High Court found that the matter required reconsideration by the Tribunal in light of a Supreme Court decision. The court did not answer the questions of law directly but remitted the appeals for fresh disposal.
The High Court held that in view of the remand by the Supreme Court in the Dharmodayam Co. case, the matter requires reconsideration by the Tribunal. While acknowledging that the Tribunal had ultimately found in favour of the assessee in Dharmodayam Co. after remand, the Court noted that the question of whether the present assessee satisfies the conditions stipulated under Section 11(4A) requires examination. The Court did not find it appropriate to dismiss the references, some of which were from 2005, based on the government's litigation policy, leaving it open for the respondent to raise such contentions before the Tribunal. Instead of answering the questions of law, the Court decided to remit the income tax appeals for fresh consideration and disposal by the Appellate Tribunal. The Tribunal is to base its decision on the Supreme Court's ruling in Commissioner of Income Tax v. Dharmodayam Co. and another (2001) 248 ITR 816 and also take note of its own consequential decision in Dharmodayam Co. (dated 11-02-2002).
The High Court held that since the petitioner had not opted for the e-proceeding facility and had chosen to continue with manual assessment proceedings, the date of receipt of the draft assessment order in the manual mode (05/01/2019) should be considered as the date of service for determining the limitation period under Section 144(C)(2). The Court reasoned that an assessee opting for manual proceedings reposes greater confidence in that mode, and fairness dictates that they should not be prejudiced by service through a mode they did not opt for. Furthermore, in cases of ambiguity in taxing statutes, the interpretation favouring the assessee should be adopted. Consequently, the objection filed by the petitioner on 01/02/2019 was within the 30-day period. The Court quashed the Dispute Resolution Panel's order (Ext.P19) and the Assessing Officer's assessment order (Ext.P20), directing the DRP to consider the petitioner's objections on merits and thereafter the Assessing Officer to complete the assessment. The judgment noted that it was based on peculiar facts and not to be cited as a precedent.
The High Court held that in view of the remand by the Supreme Court in the Dharmodayam Co. case, the matter requires reconsideration by the Tribunal. While acknowledging that the Tribunal had ultimately found in favour of the assessee in Dharmodayam Co. after remand, the Court noted that the question of whether the present assessee satisfies the conditions stipulated under Section 11(4A) requires examination. The Court did not find it appropriate to dismiss the references, some of which were from 2005, based on the government's litigation policy, leaving it open for the respondent to raise such contentions before the Tribunal. Instead of answering the questions of law, the Court decided to remit the income tax appeals for fresh consideration and disposal by the Appellate Tribunal. The Tribunal is to base its decision on the Supreme Court's ruling in Commissioner of Income Tax v. Dharmodayam Co. and another (2001) 248 ITR 816 and also take note of its own consequential decision in Dharmodayam Co. (dated 11-02-2002).
The High Court of Kerala dismissed the writ petition challenging Ext.P7 order. The Court noted the apprehension of the petitioner that Ext.P7 would be the final assessment order. However, in light of the assurance given by the learned Standing Counsel for the respondent that the assessment proceedings under Section 147 would only be completed after issuing a notice under Section 143(2) and providing the petitioner with a hearing, the Court found no reason to interfere with Ext.P7. The operative direction was to dismiss the writ petition based on the respondent's statement. No specific issue was left undecided.
The court decided to dispose of the reference case without answering the questions. This was based on the concession made by both sides that the issue was already settled by a prior ruling.
The High Court of Kerala, while not deciding the merits of the disallowance of deduction under Section 80P, directed the 3rd respondent (ITAT) to consider and pass orders on the petitioner's appeal (Ext.P4) within six months from the date of receiving a copy of the judgment. Recovery steps for the amounts confirmed against the petitioner by the rectified order (Ext.P3) are to be kept in abeyance until the ITAT passes its order and communicates it to the petitioner. The Court noted that it has granted similar stays in other matters pending appeal. No specific finding was made on the disallowance of deduction under Section 80P, as the appeal is yet to be decided by the ITAT.
The High Court granted permission to the appellant (Revenue) to withdraw the appeal. The reasoning provided is that the withdrawal was sought based on the latest litigation policy of the Income Tax Department. Consequently, the appeal was dismissed as withdrawn. The Court also directed the Registry to refund the court fee to the extent admissible. No specific legal principle is established as the appeal was withdrawn before merits were considered.
The High Court granted permission to the appellant (Revenue) to withdraw the appeal. The appeal was accordingly dismissed as withdrawn. The Court directed the Registry to refund the court fee to the extent admissible under the relevant statutory provisions. No decision was made on the merits of the case. The specific reasoning for the withdrawal was based on the Income Tax Department's litigation policy, as stated in the memo filed by the Revenue.
The High Court granted permission to the appellant (Revenue) to withdraw the appeal. The decision was based on a memo filed by the standing counsel for the Government of India (Taxes), citing the latest litigation policy of the Income Tax Department as the reason for withdrawal. Consequently, the appeal was dismissed as withdrawn. The court also directed the Registry to refund the court fee to the extent admissible under the relevant statutory provisions. No other issues were decided on merits.
The High Court of Kerala granted permission to the appellant (Revenue) to withdraw the appeal. Consequently, the appeal was dismissed as withdrawn. The court directed the Registry to refund the court fee to the extent admissible under the relevant statutory provisions. No decision on the merits of the case was made, as the appeal was withdrawn by the Revenue.