Wp(C)/3725/2020 Of Avanankuzhi Service Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, THE 11TH DAY OF FEBRUARY 2020 / 22ND MAGHA, 1941 WP(C).No.3725 OF 2020(M) PETITIONER/S: AVANANKUZHI SERVICE CO-OPERATIVE BANK LTD NO 2387,AVANANKUZHI, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM,REPRESENTED BY ITS SECRETARY, P.S.JAYASREE, W/O BIJU RADHAKRISHNAN, AGED 49 YEARS, RESIDING AT VARUTHATTIL, MANGALATH KONAM, KATTACHALKUZHI P.O.THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT/S: 1THE INCOME TAX OFFICERWARD 2(2), OFFICE OF THE JOINT COMMISSIONER OF INCOMETAX, RANGE 2, AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN-695 003. 2THE COMMISSIONER OF INCOME TAX (APPEALS),AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN-695 003. AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, OTHER PRESENT: SC CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON11.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Petitioner has approached this Court seeking a directionto dispose of Ext.P3 appeal preferred before the secondrespondent/Commissioner of Income Tax (Appeals) against theassessment order Ext.P2. 2.Having heard the learned counsel on both sides, thewrit petition is disposed of with a direction to the secondrespondent to take a decision on Ext.P3 appeal in accordancewith law, after affording an opportunity of hearing to thepetitioner, within a period of three months from the date ofreceipt of a copy of this judgment without insisting on paymentof 20% of the tax demanded, as per circular of 2017. Till suchtime a decision is taken on the appeal, recovery proceedingspursuant to the assessment order shall be kept in abeyance. sab Sd/- AMIT RAWAL JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE RETURNS FILED BY THE PETITIONER FOR THE ASSESSMENT YEAR 2018-19 EXHIBIT P2 TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE FIRST RESPONDENT DATED 29.6.2019 EXHIBIT P3 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 23.7.2019 ALONG WITH THE ACKNOWLEDGMENT OF RECEIPT EXHIBIT P4 TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER IN EXHIBIT P3 APPEAL DATED, 7.2 .2020