Wp(C)/3924/2020 Of Mylachel 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 WEDNESDAY, THE 12TH DAY OF FEBRUARY 2020 / 23RD MAGHA, 1941 WP(C).No.3924 OF 2020(M) PETITIONER/S: MYLACHEL SERVICE CO-OPERATIVE BANK LTD.,NO.683,OOTTASEKHARAMANGALAM.P.O, ARYANCODE,TRIVANDRUM-695125, REPRESENTED BY ITS SECRETARY P.A.GOPAKUMAR. BY ADV. SRI.S.ARUN RAJ RESPONDENT/S: 1THE INCOME TAX OFFICER,WARD-2(4),AAYAKAR BHAWAN,FIRST FLOOR, KAWDIAR.P.O,THIRUVANANTHAPURAM-695003.WARD-2(4),AAYAKAR BHAWAN,FIRST FLOOR, KAWDIAR.P.O,THIRUVANANTHAPURAM-695003. OTHER PRESENT: SC CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON12.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Petitioner has approached this Court challengingExt.P9 and seeking a direction to dispose of the appeal andinterim application preferred before the thirdrespondent/Commissioner of Income Tax (Appeals) againstthe assessment order. 2.Having heard the learned counsel on both sides,the writ petition is disposed of with a direction to the thirdrespondent to take a decision on the 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 onpayment of 20% of the tax demanded, as per circular of2017. Till such time a decision is taken on the appeal,recovery proceedings pursuant to the assessment ordershall be kept in abeyance. Sd/- AMIT RAWAL JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1TRUE COPY OF THE ASSESSMENT ORDER DATED 20-12-2019 PASSED BY THE 1ST RESPONDENT UNDER SECTION 143(3)OF THE ACT FOR THE AY 2017-18DATED 20-12-2019 PASSED BY THE 1ST RESPONDENT UNDER SECTION 143(3)OF THE ACT FOR THE AY 2017-18 EXHIBIT P2TRUE COPY OF THE APPLICATION DATED 4-1-2020 SUBMITTED UNDER SECTION 154 OF THE ACT BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE AY 2017-181-2020 SUBMITTED UNDER SECTION 154 OF THE ACT BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE AY 2017-18 EXHIBIT P3TRUE COPY OF THE FIRST APPEAL FILED BYTHE PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY 2017-18THE PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY 2017-18 EXHIBIT P4TRUE COPY OF THE APPLICATION OF STAY FILED BY THE PETITIONER BEFORE THE 1STRESPONDENT WITH COPY TO THE 3RD RESPONDENT FOR THE AY 2017-18FILED BY THE PETITIONER BEFORE THE 1STRESPONDENT WITH COPY TO THE 3RD RESPONDENT FOR THE AY 2017-18 EXHIBIT P5TRUE COPY OF THE ORDER DATED 10.1.2020PASSED BY THE INCOME TAX APPELLATE TRIBUNAL,COCHIN BENCH,COCHIN IN THE CASES OF PRIMARY AGRICULTURAL CREDIT SOCIETIES ON THE ISSUE OF SECTION 80 PDEDUCTIONPASSED BY THE INCOME TAX APPELLATE TRIBUNAL,COCHIN BENCH,COCHIN IN THE CASES OF PRIMARY AGRICULTURAL CREDIT SOCIETIES ON THE ISSUE OF SECTION 80 PDEDUCTION EXHIBIT P6TRUE COPY OF THE JUDGMENT DATED 23.10.2019 PASSED BY THIS HONOURABLE COURT IN WP(C)NO.28170 OF 2019 I SIMILAR CASE.23.10.2019 PASSED BY THIS HONOURABLE COURT IN WP(C)NO.28170 OF 2019 I SIMILAR CASE. EXHIBIT P7TRUE COPY OF THE JUDGMENT DATED 4.12.2019 IN WP(C)O.27295 OF 2019 PASSED BY THIS HONOURABLE COURT IN SIMILAR MATER IN THE CASE OF PACS4.12.2019 IN WP(C)O.27295 OF 2019 PASSED BY THIS HONOURABLE COURT IN SIMILAR MATER IN THE CASE OF PACS EXHIBIT P8TRUE COPY OF THE JUDGMENT DATED 16.11.2019 IN WP(C)NO.31037 OF 2019 PASSED BY THIS HONOURABLE COURT IN SIMILAR MATER IN CASE OF PACS.16.11.2019 IN WP(C)NO.31037 OF 2019 PASSED BY THIS HONOURABLE COURT IN SIMILAR MATER IN CASE OF PACS. EXHIBIT P9TRUE COPY OF THE NOTICE DATED 5.2.2020ISSUED UNDER SECTION 226(3)OF THE ACT OF THE 4TH RESPONDENT,THE GENERAL MANAGER, M/S TRIVANDRUM DISTRICT CO-OPERATIVE BANK,TRIVANDRUM.ISSUED UNDER SECTION 226(3)OF THE ACT OF THE 4TH RESPONDENT,THE GENERAL MANAGER, M/S TRIVANDRUM DISTRICT CO-OPERATIVE BANK,TRIVANDRUM.