Mavilayi Service Co-Operative Bank Ltd v. Thecommissioner Of Income Tax, Calicut[2019 (2) Khc 287

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.5529 OF 2020(M) PETITIONER/S: NARUVAMOODU SERVICE CO-OPERATIVE BANK LTD. NO.160,REPRESENTED BY ITS SECRETARY, NARUVAMOODU.P.O, THIRUVANANTHAPURAM DISTRICT PIN-695020 BY ADVS.SRI.ARJUN RAGHAVANSRI.ADITHYA RAJEEV RESPONDENT/S: 1THE INCOME TAX OFFICER,BHAVAN, KOWDIAR.P.O, THIRUVANANTHAPURAM PIN-695003 WARD-2(2), OFFICE OF THE INCOME TAX OFFICER, AAYAKAR 2THE COMMISSIOINER OF INCOME TAX(APPEALS),AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM PIN-695003 BY SC SRI.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.5529 OF 2020 2 JUDGMENT Dated this the 26th day of February 2020 Heard Sri. Arjun Raghavan, the learned counsel for the petitioner and Sri. Christopher Abraham, thelearned Standing Counsel 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 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 similar tothe facts noted by the Division Bench in W.A. No.1536 of2019, 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 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. TheCommissioner 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.BHATTI JUDGE uu 27.02.2020 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1A TRUE COPY OF THE ASSESSMENT ORDERFOR THE YEAR 2017-2018 DATED 23.12.2019FOR THE YEAR 2017-2018 DATED 23.12.2019 EXHIBIT P2A TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 156 OF THE INCOME TAXACT DATED 23.12.2019UNDER SECTION 156 OF THE INCOME TAXACT DATED 23.12.2019 EXHIBIT P3A TRUE COPY OF THE ONLINE APPEAL DATED 22.01.2020 ALONG WITH GROUNDSOF APPEAL, FILED BEFORE THE 2ND RESPONDENT, AGAINST EXT.P1 ASSESSMENT ORDERDATED 22.01.2020 ALONG WITH GROUNDSOF APPEAL, FILED BEFORE THE 2ND RESPONDENT, AGAINST EXT.P1 ASSESSMENT ORDER EXHIBIT P4A TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER IN EXT.P3 APPEAL SUBMITTED ON 24.02.2020FILED BY THE PETITIONER IN EXT.P3 APPEAL SUBMITTED ON 24.02.2020 EXHIBIT P5A TRUE COPY OF THE JUDGMENT DATED 19.07.2019 IN W.A. NO.1639/201919.07.2019 IN W.A. NO.1639/2019 EXHIBIT P6A TRUE COPY OF THE JUDGMENT DATED 17.02.2020 IN WP(C)NO.4433/202017.02.2020 IN WP(C)NO.4433/2020