2020 (4) TMI 548

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....AS RESPONDENT/S: SRI.CHRISTOPHER ABRAHAM, SC J U D G M E N T The averments in the above Writ Petition (Civil) are as follows: The petitioner society furnished income tax returns for the period 2017-2018 and claimed the benefit under Sec. 80P(4) of the Income Tax Act. That the assessing authority disallowed the said claim and demanded tax for Rs. 29,14,317/-. The petitioner filed appeal....

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....Government of India, appearing for the respondents. 3. It is pointed by Sri.O.D.Sivadas, learned counsel appearing for the petitioner that the question regarding the liability of the banks like the petitioner co-operative bank to pay income tax assessed is a matter, which was answered by a Full Bench of this Court in the judgment in Income Tax Appeal, I.T.A.Nos.97/2016 and connected cases on 19....

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....e Income Tax Department, Government of India, appearing for the respondents would, on the other hand, urge that part payment insisted for granting stay is a matter, which comes within the discretion of the appellate authority and this Court may not be justified in interfering with discretion of the appellate authority in exercising such discretion of the statutory appellate authority. 5. Howeve....

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....h of this Court in Mavilayi Service Co-operative Bank Ltd.'s case supra. A copy of the abovesaid judgment dated 1.7.2019 rendered by the Division Bench of this Court in W.A.No. 1529/209 along with connected cases, has been made available for the perusal of this Court. Taking note of the said orders issued by the abovesaid Division Bench of this Court, it is ordered that the 1st appellate autho....