Wp(C)/4154/2020 Of Ponvila Service Co-Operative Bank Ltd v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 13TH DAY OF FEBRUARY 2020 / 24TH MAGHA, 1941 WP(C).No.4154 OF 2020(T) PETITIONER/S: PONVILA SERVICE CO-OPERATIVE BANK LTD.NO.985,REPRESENTED BY ITS PRESIDENT, ARIYA P.O., (VIA) PARASSALA, THIRUVANANTHAPURAM. BY ADVS.SRI.P.N.MOHANANSRI.C.P.SABARI RESPONDENT/S: OTHER PRESENT: SRI CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON13.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Petitioner has approached this Court seeking a directionto consider Ext.P4 stay petition pending the Appeal, Ext.P3preferred before the second respondent/Commissioner ofIncome Tax (Appeals) against the assessment 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 onpayment of 20% of the tax demanded, as per circular of 2017.Till such time a decision is taken on the appeal, recoveryproceedings pursuant to the assessment order shall be keptin abeyance. sab Sd/- AMIT RAWAL JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE RETURN FILED BY THE PETITIONER FOR THE ASSESSMENT YEAR 2017-2018. EXHIBIT P2 A TRUE COPY OF THE ASSESSMENT ORDER ALONGWITH DEMAND NOTICE DATED 26.12.2019 OF THE FIRST RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE APPEAL DATED 18.01.2020 FILED BEFORE SECOND RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE STAY PETITION DATED 20.1.2020 WHICH IS RECEIVED IN THE OFFICEOF THE SECOND RESPONDENT ON 28.01.2020. EXHIBIT P5 A TRUE COPY OF THE PETITION DATED 20.1.2020 FILED BEFORE THE FIRST RESPONDENT. EXHIBIT P6A TRUE COPY OF THE DEMAND NOTICE DATED 06.02.2020 ISSUED BY THE FIRST RESPONDENT.