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 TUESDAY, THE 25TH DAY OF FEBRUARY 2020 / 6TH PHALGUNA, 1941 WP(C).No.5438 OF 2020(D) PETITIONER/S: MUDAVANMUGHAL SERVICE CO-OPERATIVE BANK LIMITED NO.T 847,POOJAPPURA.P.O., THIRUVANANTHAPURAM DISTRICT, KERALA,PIN-695 012, REPRESENTED BY ITS SECRETARY BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT/S: 1THE INCOME TAX OFFICERWARD -2(1).KOWDIAR,TRIVANDRUM-695 003WARD -2(1).KOWDIAR,TRIVANDRUM-695 003 2COMMISSIONER OF INCOME TAX (APPEALS)-1OFFICE OF THE COMMISSIONER OF INCOME TAX (APPEALS),TRIVANDRUM-695 003 JOSE WINSON FOR CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON25.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.5438 OF 2020 2 JUDGMENT Dated this the 25th day of February 2020 Heard Sri. C.A.Jojo, the learned counsel for the petitioner and Sri. Jose Winson holding forSri.Christopher Abraham, the learned Standing Counselfor 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 directingthe Commissioner of Income Tax (Appeals)/ 2[nd]respondent to consider and dispose of the statutoryappeal filed by the petitioner herein at the earliest taking 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 AY 2012-13 DATED 09.12.2019 ISSUED BY THE FIRST RESPONDENTFOR AY 2012-13 DATED 09.12.2019 ISSUED BY THE FIRST RESPONDENT EXHIBIT P2A TRUE COPY OF THE DEMAND NOTICE U/S. 156 DATED 09.12.2019 ISSUED BYTHE FIRST RESPONDENTU/S. 156 DATED 09.12.2019 ISSUED BYTHE FIRST RESPONDENT EXHIBIT P3A TRUE COPY OF THE APPEAL FOR AY 2012-13 BEFORE THE 2ND RESPONDENT DATED 10.01.20202012-13 BEFORE THE 2ND RESPONDENT DATED 10.01.2020 EXHIBIT P4A TRUE COPY OF THE ASSESSMENT ORDERFOR AY 2017-18 DATED 21.12.2019 ISSUED BY THE FIRST RESPONDENTFOR AY 2017-18 DATED 21.12.2019 ISSUED BY THE FIRST RESPONDENT EXHIBIT P5A TRUE COPY OF THE DEMAND NOTICE U/S. 156 DATED 21.12.2019 ISSUED BYTHE FIRST RESPONDENTU/S. 156 DATED 21.12.2019 ISSUED BYTHE FIRST RESPONDENT EXHIBIT P6A TRUE COPY OF THE APPEAL FOR AY 2017-18 BEFORE THE 2ND RESPONDENT DATED 16.01.20202017-18 BEFORE THE 2ND RESPONDENT DATED 16.01.2020