Mavilayi Service Co-Operative Bank Ltd v. The

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941 WP(C).No.5524 OF 2020(M) PETITIONER/S: THE CHADAYAMANGALAM SERVICE CO-OPERATIVE BANK LTD.NO.1868,REPRESENTED BY ITS SECRETARY, CHADAYAMANGALAM P. O., KOLLAM DISTRICT - 691 534. BY ADVS.SRI.T.R.HARIKUMARSRI.ARJUN RAGHAVAN RESPONDENT/S: 1THE INCOME TAX OFFICER,WARD - 1 AND TPS, OFFICE OF THE INCOME TAX OFFICER, AAYAKAR BHAVAN, KARBALA JUNCTION, KOLLAM,PIN - 691 001.2THE COMMISSIONER OF INCOME TAX (APPEALS)AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN - 695 003. BY SC CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON26.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.5524 OF 2020 2 JUDGMENT Dated this the 26th day of February 2020 Heard Sri. T.R.Harikumar, the learned counsel for the petitioner and Sri. Christopher Abraham, thelearned Standing Counsel for respondents. 2.Petitioner refers to and relies on judgmentdated 01.07.2019 in W.A No.1536 of 2019 and connected cases to contend that the Division Bench directeddisposal of appeal and granted stay of recoveryproceedings during the pendency of the appeal. 3.The learned Standing Counsel admits that the facts of the case are substantially same and similarto the facts noted by the Division Bench in W.A.No.1536 of 2019, hence can be followed. Hence, the writ petition is disposed of directingthe Commissioner of Income Tax (Appeals)/ 2[nd]respondent to consider and dispose of the statutoryappeal filed by the petitioner herein at the earliesttaking note of the Full Bench decision 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 andcollection of tax assessed, pending disposal of suchappeal. Sd/- S.V.BHATTIJUDGE uu 27.02.2020 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2017-2018 DATED29.11.2019.ORDER FOR THE YEAR 2017-2018 DATED29.11.2019. EXHIBIT P2A TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 156 OF THE INCOME TAX ACT DATED 29.11.2019.UNDER SECTION 156 OF THE INCOME TAX ACT DATED 29.11.2019. EXHIBIT P3A TRUE COPY OF THE ONLINE APPEAL DATED 21.12.2019 ALONG WITH GROUNDS OF APPEAL, FILED BEFORE THE 2ND RESPONDENT, AGAINST EXT-P1ASSESSMENT ORDER.DATED 21.12.2019 ALONG WITH GROUNDS OF APPEAL, FILED BEFORE THE 2ND RESPONDENT, AGAINST EXT-P1ASSESSMENT ORDER. EXHIBIT P4A TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER IN EXT.P3 APPEAL SUBMITTED ON 14.1.2020.FILED BY THE PETITIONER IN EXT.P3 APPEAL SUBMITTED ON 14.1.2020. EXHIBIT P5A TRUE COPY OF THE JUDGMENT DATED 19.7.2019 IN W.A.NO.1639 OF 2019.19.7.2019 IN W.A.NO.1639 OF 2019. EXHIBIT P6A TRUE COPY OF THE JUDGMENT DATED 17.2.2020 IN WP(C) NO.4433 OF 2020.17.2.2020 IN WP(C) NO.4433 OF 2020.