By Advs.sri.harisankar v. Menonsmt.meera V.menonsmt.k.krishna

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.5269 OF 2020(G) PETITIONER: THE VADAVANNUR SERVICE CO-OPERATIVE BANK LTD.NO.F-1217VADAVANNUR, PALAKKAD-678 504, REPRESENTED BY ITS SECRETARY RAVI. BY ADVS.SRI.HARISANKAR V. MENONSMT.MEERA V.MENONSMT.K.KRISHNA RESPONDENTS: 1THE INCOME TAX OFFICER, WARD 5, AYAKAR BHAVAN, PALAKKAD-678 014. 2THE COMMISSIONER OF INCOME TAX (APPEALS)SAKTHAN NAGAR, THRISSUR-680 021. OTHER PRESENT: SC JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON25.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC No.5269/2020 2 JUDGMENT 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 caseare substantially same and similar to the facts noted by the Division Benchin W.A. No.1536 of 2019, hence can be followed. Hence, the writ petition is disposed of directing the Commissioner of Income Tax (Appeals)/ 2[nd] respondent to consider and dispose of thestatutory appeal filed by the petitioner herein at the earliest taking note ofthe Full Bench decision reported in The Mavilayi Service Co-operative BankLtd, v. The Commissioner of Income Tax, Calicut[2019 (2) KHC 287] and tokeep in abeyance recovery proceedings and collection of tax assessed,pending disposal of such appeal. css/ sd/- S.V.BHATTI JUDGE WPC No.5269/2020 3 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1COPY OF ASSESSMENT ORDER ISSUED BY THE IST RESPONDENT FOR THE YEAR 2016-17 DATED 27.12.2018. EXHIBIT P2COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT - 2016-17 DATED 29.1.2019. EXHIBIT P3COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.EXHIBIT P4COPY OF ORDER ISSUED BY THE IST RESPONDENT DATED 11.2.2020.EXHIBIT P5COPY OF JUDGMENT IN WPC NO.21015/19 OF THISHON'BLE COURT 19.8.2019. EXHIBIT P5(a)COPY OF JUDGMENT IN WPC NO.4366/2020 OF THIS HON'BLE COURT DATED 17.2.2020.