Dated This The 8[Th] Day Of March, 2018 v. Commissioner Of Income Tax_ (2016 (2) Klt 535

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 8TH DAY OF MARCH 2018 / 17TH PHALGUNA, 1939 WP(C).No. 7921 of 2018 PETITIONER: M/S. KULAPPULLY SERVICE CO-OP BANK LTD. GOVERNMENT PRESS POST, SHORANUR, PALAKKAD DISTRICT, PIN-679122., REPRESENTED BY ITS SECRETARY, SHRI P.V.RAJAN. BY SRI.T.M.SREEDHARAN (SENIOR ADVOCATE) ADVS.SMT.VANDANA MENON SMT.DIVYA RAVINDRAN SRI.V.P.NARAYANAN RESPONDENT(S): 1. THE INCOME TAX OFFICER, WARD - 3, PALAKKAD. PIN-678001. 2. THE COMMISSIONER OF INCOME TAX(APPEAL) AAYAKAR BHAWAN, SAKTHAN THAMPURAN NAGAR, THRISSUR-680 001. BY SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-03-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 18.01.2017 ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PALAKKAD. EXHIBIT P2 TRUE COPY OF ASST. ORDER AND DEMAND NOTICE DATED 28.03.2016. FOR THE ASST. YEAR 2013-2014 PASSED BY THE 1ST RESPONDENT.EXHIBIT P3 TRUE COPY OF ASST.ORDER AND DEMAND NOTICE DATED 21.12.2016 FOR THE ASST. YEAR 2014-2015 PASSED BY THE 1ST RESPONDENT. DATED 28.03.2016. FOR THE ASST. YEAR 2013-2014 PASSED BY THE 1ST RESPONDENT.EXHIBIT P3 TRUE COPY OF ASST.ORDER AND DEMAND NOTICE DATED 21.12.2016 FOR THE ASST. YEAR 2014-2015 PASSED BY THE 1ST RESPONDENT. EXHIBIT P4 TRUE COPY OF ASST. ORDER AND DEMAND NOTICE DATED 29.11.2016 FOR THE ASST. YEAR 2015-2016 PASSED BY THE 1ST RESPONDENT.EXHIBIT P5 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 23.04.2016 FOR THE ASST. YEAR 2013-2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.EXHIBIT P5(A) TRUE COPY OF THE STAY PETITION DATED 23.04.2016 FOR THE ASST. YEAR 2013-2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.EXHIBIT P6 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 23.01.2017 FOR THE ASST. YEAR 2014-2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.EXHIBIT P6(A) TRUE COPY OF THE STAY PETITION DATED 23.01.2017 FOR THE ASST. YEAR 2014-2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.EXHIBIT P7 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 04.01.2018 FOR THE ASST. YEAR 2015-2016 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. DATED 29.11.2016 FOR THE ASST. YEAR 2015-2016 PASSED BY THE 1ST RESPONDENT.EXHIBIT P5 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 23.04.2016 FOR THE ASST. YEAR 2013-2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.EXHIBIT P5(A) TRUE COPY OF THE STAY PETITION DATED 23.04.2016 FOR THE ASST. YEAR 2013-2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.EXHIBIT P6 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 23.01.2017 FOR THE ASST. YEAR 2014-2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.EXHIBIT P6(A) TRUE COPY OF THE STAY PETITION DATED 23.01.2017 FOR THE ASST. YEAR 2014-2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.EXHIBIT P7 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 04.01.2018 FOR THE ASST. YEAR 2015-2016 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P7(A) TRUE COPY OF THE STAY PETITION DATED 4.1.2018 FOR THE ASST. YEAR 2015-16 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. THE ASST. YEAR 2015-16 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P7(A) TRUE COPY OF THE STAY PETITION DATED 4.1.2018 FOR THE ASST. YEAR 2015-16 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. THE ASST. YEAR 2015-16 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P8 TRUE COPY OF PETITION FILED U/S.220(6) OF THE ACT DATED 25.04.2016 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST. YEAR 2013-2014. DATED 25.04.2016 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST. YEAR 2013-2014. EXHIBIT P8(A) TRUE COPY OF PETITION FILED U/S.220(6) OF THE ACT DATED 23.01.2017 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST. YEAR 2014-15. DATED 23.01.2017 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST. YEAR 2014-15. PBS WP(C).No. 7921 of 2018 (M) EXHIBIT P8(B) TRUE COPY OF PETITION FILED U/S. 220(6) OF THE ACT DATED 04.01.2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE ASST. YEAR 2015-2016. RESPONDENT'S EXHIBIT NIL /TRUE COPY/ PBS13/3/2018 PA TO JUDGE A. MUHAMED MUSTAQUE, J. ......................................... W.P.(C).No.7921 of 2018 .......................................... Dated this the 8[th] day of March, 2018. JUDGMENT The petitioner as against the assessment order, preferredan appeal. He also filed a stay application. Learned counsel for thepetitioner submits that the petitioner is entitled for exemption inthe light of a Division Bench judgment of this Court reported inChirakkal Service Co-operative Bank Ltd v. Commissioner ofIncome Tax (2016 (2) KLT 535). 2. In the light of the facts and circumstances, there shall be adirection to the 2[nd] respondent to dispose of the stay applicationafter adverting to the judgment as above within a period of twomonths. Till the disposal of the stay application, the recoveryproceedings shall be kept in abeyance. The writ petition is disposed of as above. Sd/- A. MUHAMED MUSTAQUE, JUDGE. Cl // true copy // P.S to Judge