Wp(C)/4643/2020 Of Pananchery 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 TUESDAY, THE 18TH DAY OF FEBRUARY 2020 / 29TH MAGHA, 1941WP(C).No.4643 OF 2020(E) PETITIONER: PANANCHERY SERVICE CO-OPERATIVE BANK LTDNO.541, PATTIKKAD P.O., THRISSUR DISTRICT, PIN - 680 652, REPRESENTED BY ITS SECRETARY-IN-CHARGE BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT: 1THE INCOME TAX OFFICER WARD-2(4), AYAKAR BHAVAN, NEAR SAKTHAN STAND, THRISSUR - 68001THRISSUR - 68001 2THE COMMISSIONER OF INCOME TAX (APPEALS)AYAKAR BHAVAN, NEAR SAKTHAN STAND, THRISSUR - 68001AYAKAR BHAVAN, NEAR SAKTHAN STAND, THRISSUR - 68001 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: JUDGMENT Petitioner has approached this Court seeking a direction to dispose of Ext.P3 appeal preferred before the second respondent/Commissioner of Income Tax(Appeals) against the assessment order Ext.P1. 2.Having heard the learned counsel on bothsides, the writ petition is disposed of with a direction tothe second respondent to take a decision on Ext.P3appeal 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 order shall be kept inabeyance. Skk//22022020 Sd/- AMIT RAWAL, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER AY 2012-13 DATED 18.11.2019 ISSUED BYTHE FIRST RESPONDENT EXHIBIT P2 A TRUE COPY OF THE DEMAND NOTICE U/S 156 DATED 18.11.2019 ISSUED BY THE FIRST RESPONDENT EXHIBIT P3 A TRUE COPY OF THE APPEAL FOR AY 2012-13 BEFORE THE 2ND RESPONDENT DATED 19.12.2019 EXHIBIT P4A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 14.01.2020 FOR 20% OF TAX RESPONDENTS' EXHIBITS: NIL