By Advs.sri.harisankar v. Menonsmt.meera V.menon

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI TUESDAY, THE 25TH DAY OF FEBRUARY 2020 / 6TH PHALGUNA, 1941 WP(C).No.5239 OF 2020(D) PETITIONER: THE VADAVANNUR SERVICE CO-OPERATIVE BANK LTD.NO.F-1217, VADAVANNUR, PALAKKAD-678504,REPRESENTED BY ITS SECRETARY, RAVI BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENON RESPONDENTS: 1THE INCOME TAX OFFICER,WARD 5, AYAKAR BHAVAN, PALAKKAD-678014 2THE COMMISSIONER OF INCOME TAX(APPEALS)SAKTHAN NAGAR, THRISSUR-680021 OTHER PRESENT: SRI JOSE JOSEPH,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON25.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC No.5239 of 2020 2 JUDGMENT Dated this the 25th day of February 2020 Heard Sri. Harisankar V.Menon, the learned counsel for the petitionerand Sri. Jose Joseph, the learned Standing Counsel for respondents. 2.Petitioner refers to and relies on judgment dated 01.07.2019 inW.A No.1536 of 2019 and connected cases to contend that the Division Benchdirected disposal of appeal and granted stay of recovery proceedings duringthe pendency of the appeal. 3.The learned Standing Counsel admits that the facts of the case aresubstantially same and similar to the facts noted by the Division Bench inW.A. No.1536 of 2019, hence can be followed. Hence, the writ petition is disposed of directing the Commissioner ofIncome Tax (Appeals)/ 2[nd] respondent to consider and dispose of the statutoryappeal filed by the petitioner herein at the earliest taking note of the Fullv.Bench decision reported in The Mavilayi Service Co-operative Bank Ltd,The Commissioner of Income Tax, Calicut [2019 (2) KHC 287] and to keep inabeyance recovery proceedings and collection of tax assessed, pending disposalof such appeal. sd/-S.V.BHATTI JUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2017-18 EXHIBIT P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT 2017-18 EXHIBIT P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P4EXHIBIT P5 COPY OF ORDER ISSUED BY THE 1ST RESPONDENTCOPY OF JUDGMENT IN WP(C)NO.21015/19 OF THIS HON'BLE COURT EXHIBIT P5(a) COPY OF JUDGMENT IN WP(C)NO.4366/2020 OF THIS HON'BLE COURT