Wp(C)/4233/2020 Of Venpakal 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 FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941 WP(C).No.4233 OF 2020(D) PETITIONER/S: VENPAKAL SERVICE CO-OPERATIVE BANK LTD.NO.T-155, VENPAKAL PO, ARALUMMOODU, TRIVANDRUM - 695 123REPRESENTED BY ITS SECRETARY SINI V.G. BY ADV. SRI.S.ARUN RAJ RESPONDENT/S: 1THE INCOME TAX OFFICERWARD-2(2), AAYAKAR BHAWAN, FIRST FLOOR, KAWDIAR P.O.,THIRUVANANTHAPURAM - 695 003WARD-2(2), AAYAKAR BHAWAN, FIRST FLOOR, KAWDIAR P.O.,THIRUVANANTHAPURAM - 695 003 2THE PRINCIPAL COMMISSIONER OF INCOME TAXAAYAKAR BHAWAN, KAWDIAR P.O., THIRUVANANTHAPURAM - 695 003AAYAKAR BHAWAN, KAWDIAR P.O., THIRUVANANTHAPURAM - 695 003 3THE COMMISSIONER OF INCOME TAX (APPEALS)AAYAKAR BHAWAN, KAWDIAR P.O., THIRUVANANTHAPURAM - 695 003AAYAKAR BHAWAN, KAWDIAR P.O., THIRUVANANTHAPURAM - 695 003 OTHER PRESENT: SRI CHRISTOPHER ABRAHAM,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON14.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT 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 P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 19-12-2018 PASSED BY THE 1ST RESPONDENT UNDER SECTION 143(3) OF THE ACT FOR THE AY 2017-18 EXHIBIT P2 TRUE COPY OF THE FIRST APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY 2017-18 EXHIBIT P3 TRUE COPY OF THE STAY APPLICATION FILED BEFORE THE 1ST RESPONDENT FOR THE AY 2017-18 EXHIBIT P4 TRUE COPY OF THE DEMAND LETTER DATED 6-2-2020 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE AY 2017-18 EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 23-10-2019 PASSED BY THIS HONOURABLE COURT IN WP(C) NO.28170 OF 2019 IN SIMILAR CASE