Wp(C)/4603/2020 Of Keralam Service Co-Operative Bank Ltd v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, THE 18TH DAY OF FEBRUARY 2020 / 29TH MAGHA, 1941 WP(C).No.4603 OF 2020(A) PETITIONER: KERALAM SERVICE CO-OPERATIVE BANK LTD.NO. 600 THANISSERY, P.O. KARALAM THRISSUR 680 701, REPRESENTED BY ITS SECRETARY. BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENTS: 1INCOME TAX OFFICERWARD 2 (2), AYANKAR BHAVAN, SHAKTHANTHAMPURAN NAGAR, THRISSUR 680 001. 2COMMISSIONER OF INCOME TAX (APPEALS), OFFICE OF THE COMMISSIONER OF INCOME TAX, THRISSUR. BY SRI JOSE JOSEPH, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON18.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.4603 OF 2020(A) JUDGMENT Petitioner has approached this Court seeking a direction to dispose of Exts.P3 and P7 appeals preferredbefore the second respondent/Commissioner of Income Tax(Appeals) against the assessment orders Exts.P1 and P5. 2.Having heard the learned counsel on both sides,the writ petition is disposed of with a direction to thesecond respondent to take a decision on Exts.P3 and P7appeals in accordance with law, after affording anopportunity of hearing to the petitioner, within a period ofthree months from the date of receipt of a copy of thisjudgment without insisting on payment of 20% of the taxdemanded, as per circular of 2017. Till such time adecision is taken on the appeal, recovery proceedingspursuant to the assessment orders shall be kept inabeyance. Skk//22022020 Sd/- AMIT RAWAL, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER FORAY 2017-18 DATED 27.11.2019 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P2 A TRUE COPY OF THE DEMAND NOTICE U/S 156 DATED 27.1.2019 ISSUED BY THE FIRSTRESPONDENT.156 DATED 27.1.2019 ISSUED BY THE FIRSTRESPONDENT. EXHIBIT P3A TRUE COPY OF THE APPEAL FOR AY 2017-18 BEFORE THE 2ND RESPONDENT DATED 03.01.2020.18 BEFORE THE 2ND RESPONDENT DATED 03.01.2020. EXHIBIT P4 A TRUE COPY OF THE NOTICE ISSUED BY THE1ST RESPONDENT DATED 14.01.2020 FOR 20%OF TAX.1ST RESPONDENT DATED 14.01.2020 FOR 20%OF TAX. EXHIBIT P5A TRUE COPY OF THE ASSESSMENT ORDER FORAY 2012-13 DATED 27.11.2019 ISSUED BY THE FIRST RESPONDENT.AY 2012-13 DATED 27.11.2019 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P6A TRUE COPY OF THE DEMAND NOTICE U/S 156 DATED 27.11.2019 ISSUED BY THE FIRST RESPONDENT.156 DATED 27.11.2019 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P7A TRUE COPY OF THE APPEAL FOR AY 2012-13 BEFORE THE 2ND RESPONDENT DATED 01.01.2020.13 BEFORE THE 2ND RESPONDENT DATED 01.01.2020. EXHIBIT P8A TRUE COPY OF THE NOTICE ISSUED BY THE1ST RESPONDENT DATED 16.01.2020 FOR 20%OF TAX.1ST RESPONDENT DATED 16.01.2020 FOR 20%OF TAX. RESPONDENT'S EXHIBITS:NIL