Wp(C)/4167/2020 Of Malayankil 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 THURSDAY, THE 13TH DAY OF FEBRUARY 2020 / 24TH MAGHA, 1941 WP(C).No.4167 OF 2020(U) PETITIONER/S: MALAYANKIL SERVICE CO-OPERATIVE BANK LTD.,NO.605, HEAD OFFICE, MARKET JUNCTION, MALAYINKIL P O, TRIVANDRUM-695571, REPRESENTED BY ITS SECRETARY RAMACHANDRAN K. BY ADV. SRI.S.ARUN RAJ 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 Dated this the 13th day of February 2020 Petitioner has approached this Court seeking a directionto dispose of Ext.P2 Appeal preferred before the thirdrespondent/Commissioner of Income Tax (Appeals) against theassessment order Ext.P1. 2.Having heard the learned counsel on both sides, thewrit petition is disposed of with a direction to the thirdrespondent to take a decision on Ext.P2 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 kept inabeyance. Sd/- AMIT RAWAL JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1TRUE COPY OF THE ASSESSMENT ORDER DATED 18.12.2018 PASSED BY THE 1ST RESPONDENT UNDER SECTION 143(3) OF THE ACT FOR THE AY 2016-17.18.12.2018 PASSED BY THE 1ST RESPONDENT UNDER SECTION 143(3) OF THE ACT FOR THE AY 2016-17. EXHIBIT P2TRUE COPY OF THE FIRST APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY 2016-17.THE PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY 2016-17. EXHIBIT P3TRUE COPY OF THE LETTER DATED 24.09.2019 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT P4TRUE COPY OF THE STAY APPLICATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY 2016-17.BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY 2016-17. EXHIBIT P5TRUE COPY OF THE ORDER DATED 10.1.2020 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, COCHIN IN THE CASES OF PRIMARY AGRICULTURAL CREDIT SOCIETIES ON THE ISSUE OF SECTION 80 P DEDUCTION.PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, COCHIN IN THE CASES OF PRIMARY AGRICULTURAL CREDIT SOCIETIES ON THE ISSUE OF SECTION 80 P DEDUCTION. EXHIBIT P6TRUE COPY OF THE JUDGMENT DATED 23.10.2019 PASSED BY THIS HONOURABLE COURT IN WPC NO.28170 OF 2019 IN SIMILAR CASE.23.10.2019 PASSED BY THIS HONOURABLE COURT IN WPC NO.28170 OF 2019 IN SIMILAR CASE. EXHIBIT P7TRUE COPY OF THE JUDGMENT DATED 4.12.2019IN WP(C) NO.27295 OF 2019 PASSED BY THIS HONOURABLE COURT IN SIMILAR MATER IN THE CASE OF PACS.IN WP(C) NO.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 WPC NO. 31037 OF 2019 PASSED BY THIS HONOURABLE COURT, IN SIMILAR MATER IN THE CASE OF PACS.16.11.2019 IN WPC NO. 31037 OF 2019 PASSED BY THIS HONOURABLE COURT, IN SIMILAR MATER IN THE CASE OF PACS.