Ltd v. The Commissioner Of Income Tax, Calicut [2019 (2

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI FRIDAY, THE 07TH DAY OF FEBRUARY 2020 / 18TH MAGHA, 1941 WP(C).No.3370 OF 2020(U) PETITIONER/S: ANNAMANADA SERVICE CO-OPERATIVE BANK LIMITED NO.159ANNAMANADA, CHALAKUDY TALUK, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.O.D.SIVADAS RESPONDENT/S: 1THE COMMISSIONER OF INCOME TAX (APPEALS) AYAKAR BHAVAN, SHAKTAN NAGAR, THRISSUR, PIN - 680 001. 2THE INCOME TAX OFFICER WARD (2), SHAKTAN NAGAR, THRISSUR, PIN - 680 001. OTHER PRESENT: NAVANEETH N NATH FOR JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON07.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 7th day of February, 2020 Heard O.D.Sivadas, the learned counsel for the petitionerand Sri.Navaneeth N. Nath holding for Sri. Jose Joseph, thelearned Standing Counsel for respondents. 2.Petitioner refers to and relies on Ext.P5 judgmentdated 01.07.2019 in W.A No.1529 of 2019 and connected casesto contend that the Division Bench directed disposal of appealsand granted stay of recovery during the pendency of theappeals. 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.1529/2019, hence can be followed. Hence, the writ petition is disposed of directing theCommissioner of Income Tax (Appeals)/ 1[st] respondent toconsider and dispose of the statutory appeal filed by thepetitioner herein at the earliest taking note of the Full Benchdecision reported in The Mavilayi Service Co-operative Bank Ltd, v. The Commissioner of Income Tax, Calicut [2019 (2) KHC 287] and to keep in abeyance recovery proceedings and collection of tax assessed, pending disposal of such appeal. Dxy Sd/- S.V.BHATTI JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF THE ASSESSMENT ORDER DATED 17.12.2019 ISSUED BY THE 2ND RESPONDENTFOR THE PERIOD 2017-18. EXHIBIT P2 COPY OF THE APPEAL DATED 4.1.2020 FILEDBY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE PERIOD 2017-18. EXHIBIT P3 COPY OF THE PROCEEDING DATED 27.1.2020 ISSUED BY THE 2ND RESPONDENT.