The Kerala High Court directed to stay in recovery till the finalisation of the appeal against the denial of the claim of deduction under section 80 of the Income Tax Act, 1961 without stating the reason. Since the petitioner has already preferred an appeal and the same is pending consideration before the 3rd respondent, a single bench of Justice Gopinath P disposed of the writ petition directing the Appellate Authority to consider the appeal in a time-bound manner.
Kerala State Commercial Tax Department Staff Housing Co-Operative Society Ltd, the Petitioner is a Co-operative Society registered under the Kerala Co-operative Societies Act, 1969. An order of assessment was issued against the petitioner wherein the petitioner’s claim for deduction was rejected on the ground that the income of the petitioner is not eligible for deduction under Section 80P of the Income Tax Act.
While assailing the assessment order before the 3rdrespondent, the petitioner has sought to canvass that the judgment of the Supreme Court in Mavilayi Service Cooperative Bank Ltd. v. Commissioner of Income Tax [2021] was not considered by the assessing officer though the assessment order was rendered after the Supreme Court Judgment.
Since the petitioner has already preferred an appeal and the same is pending consideration before the 3rd respondent, a single bench of Justice Gopinath P disposed of the writ petition directing the Appellate Authority to consider the appeal in a time-bound manner.
The Court directed the 3rd respondent to consider and pass appropriate orders on as expeditiously as possible. Further held that “Till the disposal of the appeal, no coercive steps shall be initiated against the petitioner on assessment order.”
The petitioner was represented by K P Pradeep, T T Biju, T Thasmi, M J Anoopa. The respondent was represented by Christopher Abraham and Sri P R Ajith Kumar
Subscribe Taxscan Premium to view the JudgmentSupport our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates
