Dcs v. Operative Bank Ltd, The Commissioner Of Income Tax

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, 1941WP(C).No.5338 OF 2020(N) PETITIONER: ADAT FARMERS SERVICE CO-OPERATIVE BANK LTD NO.R 689PURANATTUKARA,PURANATTUKARA.P.O, THRISSUR-680551,REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: 1THE COMMISSIONER OF INCOME TAX, APPEALS,OFFICE OF THE COMMISSIONER OF INCOME TAX APPEAL,THRISSUR-680001. 2THE INCOME TAX OFFICER,WARD 2(1),AAYAKAR BHAVAN,INCOME TAX OFFICE, SAKTHANTHAPURAN NAGAR, THRISSUR-680001. BY 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: WP(C).No.5338 OF 2020(N) 2 JUDGMENT Dated this the 25th day of February 2020 Heard Sri. P. C. Sasidharan, the learned counsel for the petitioner and Sri. Jose Joseph, the learned StandingCounsel for respondents. 2. Petitioner refers to and relies on judgment dated 01.07.2019 in W.A No.1536 of 2019 and connected cases to contend that the Division Bench directed disposal of appeal and granted stay of recovery proceedingsduring the pendency of the appeal. 3. The learned Standing Counsel admits that the facts of the case are substantially same and similar to thefacts noted by the Division Bench in W.A. No.1536 of 2019,hence can be followed. Hence, the writ petition is disposed of directing the Commissioner of Income Tax (Appeals)/ 1[st] respondent to consider and dispose of the statutory appeal filed by thepetitioner herein, at the earliest, taking note of the FullBench decision reported in The Mavilayi Service Co- DCS v. operative Bank Ltd, The Commissioner of Income Tax, Calicut[2019 (2) KHC 287] and to keep in abeyancerecovery proceedings and collection of tax assessed,pending disposal of such appeal. sd/- S.V.BHATTI JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE CO-OPERATIVE DEPARTMENT ON ITS REGISTRARTION.ITS REGISTRARTION. EXHIBIT P2TRUE COPY OF THE ASSESSMENT ORDER DATED 03/12/201903/12/2019 EXHIBIT P3TRUE COPY OF THE DEMAND NOTICE DATED 03/12/201903/12/2019 EXHIBIT P4TRUE COPY OF THE COMPUTATION SHEET. EXHIBIT P5TRUE COPY OF THE APPEAL DATED 06.01.2020EXHIBIT P6TRUE COPY OF THE STAY PETITION DATED 07.01.2020EXHIBIT P6TRUE COPY OF THE STAY PETITION DATED 07.01.2020 EXHIBIT P7TRUE COPY OF THE COMMUNICATION DATED 27.01.202027.01.2020 EXHIBIT P8TRUE COPY OF THE STAY PETITION DATED 05.02.2020.05.02.2020. EXHIBIT P9TRUE COPY OF THE JUDGMENT IN W.P(C)NO.2334 OF 2020OF 2020 EXHIBIT P10TRUE COPY OF THE JUDGMENT IN W.A.NO.1536 OF2019 DATED 1/7/2019.2019 DATED 1/7/2019.