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

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 24TH DAY OF FEBRUARY 2020 / 5TH PHALGUNA, 1941 WP(C).No.5046 OF 2020(E) PETITIONER: THE THACHAMPARA SERVICE CO-OPERATIVE BANK LTD.,NO.3150, MAIN ROAD, THACHAMPARA PALAKKAD-678 593, REPRESENTED BY ITS SECRETARY, JAYAKUMAR M., AGED 54, S/O. LATE PADMANABHAN NAIR. BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENON RESPONDENTS: 1THE INCOME TAX OFFICER,WARD 4, AYAKAR BHAVAN, PALAKKAD-678 014.WARD 4, AYAKAR BHAVAN, PALAKKAD-678 014. 2THE COMMISSIONER OF INCOME TAX (APPEALS)AYAKAR BHAVAN, THRISSUR-680 001. 3THE INCOME TAX APPELLATE TRIBUNALBY ITS REGISTRAR. AYAKAR BHAVAN, KAKKANADU, KOCHI-682 030, REPRESENTED JOSE JOSEPH SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON24.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 24th day of February 2020 The petitioner, a co-operative society filed an appeal as against the assessment order under the Income Tax Act before the 3rdrespondent. The assessing authority insisted payment of 20% of thedisputed tax to grant stay against recovery, pending appeal. In the light of the various judgments of this Court, the appellateauthority-3rd respondent is directed to dispose the appeal within aperiod of two months after issuing notice to the petitioner. Till then,the recovery proceedings shall be kept in abeyance. Orderedaccordingly. The writ petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE IST RESPONDENT FOR THE YEAR 2015-16 DATED 22.12.2017. EXHIBIT P2 COPY OF APPELLATE ORDER ISSUED BY THE IST RESPONDENT FOR THE YEAR 2015-16 DATED 10.12.2019. EXHIBIT P3 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT - 2015-16 DATED 6.2.2020. EXHIBIT P4 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 6.2.2020. RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A. TO JUDGE