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

WP(C) NO.5887 OF 2020 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941 WP(C).No.5887 OF 2020(I) PETITIONER/S: THE OTTAPPALAM CO-OPERATIVE HOUSING SOCIETY LTD.NO. P608,OTTAPPALAM, OTTAPPALAM, PALAKKAD 679 101, REPRESENTED BY ITS SECRETARY, A. SIVADAS. BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENON RESPONDENT/S: 1THE INCOME TAX OFFICER,WARD 3, AYAKAR BHAVAN, PALAKKAD 678 014.WARD 3, AYAKAR BHAVAN, PALAKKAD 678 014. 2THE COMMISSIONER OF INCOMETAX (APPEALS), SAKTHAN NAGAR, THRISSUR 680 021. SC JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSIONON 28.02.2020, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING: WP(C) NO.5887 OF 2020 JUDGMENT Heard Adv.Harishankar, for petitioner and Adv.Jose Joseph the Standing Counsel for respondents. 2.Petitioner refers to and relies on judgment dated01.07.2019 in W.A No.1536 of 2019 and connected cases to Petitioner refers to and relies on judgment dated contend that the Division Bench directed disposal of appeal andgranted stay of recovery proceedings during the pendency of theappeal. 3. The learned Standing Counsel admits that the facts of the case are substantially same and similar to the facts noted bythe Division Bench in W.A. No.1536 of 2019, hence can befollowed. Hence, the writ petition is disposed of directing the Commissioner of Income Tax (Appeals)/ 2[nd] respondent toconsider and dispose of the statutory appeal filed by the WP(C) NO.5887 OF 2020 petitioner herein at the earliest taking note of the Full Benchdecision reported in The Mavilayi Service Co-operative Bank Ltd,v. [1]The Commissioner of Income Tax, Calicut and to keep inabeyance recovery proceedings and collection of tax assessed,pending disposal of such appeal. Sd/- S.V.BHATTI JUDGE JS WP(C) NO.5887 OF 2020 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2017-18 DATED 17.12.2019. EXHIBIT P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT 2017-18 DATED 14.01.2020. EXHIBIT P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 14.01.2020.