Wp(C)/4673/2020 Of The Chirakkara 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 WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA, 1941 WP(C).No.4673 OF 2020(H) PETITIONER: THE CHIRAKKARA SERVICE CO-OPERATIVE BANK LTD. NO. 1894, REPRESENTED BY ITS SECRETARY, CHIRAKKARA P.O., KALLUVATHUKKAL, KOLLAM DISTRICT-691578. BY ADVS.SRI.T.R.HARIKUMARSRI.ARJUN RAGHAVAN RESPONDENTS: 1THE INCOME TAX OFFICER,WARD-1 AND TPS, OFFICE OF THE ADDITIONAL COMMISSIONEROF INCOME TAX, KOLLAM RANGE, AAYAKAR BHAVAN, KARBALA JUNCTION, KOLLAM, PIN-691001. 2THE COMMISSIONER OF INCOME TAX (APPEALS),AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN-695003.AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN-695003. 3THE KERALA STATE CO-OPERATIVE BANK,(FORMERLY KNOWN AS KOLLAM DISTRICT CO-OPERATIVE BANK), CHATHANNOOR BRANCH, KOLLAM DISTRICT-691572, REPRESENTED BY ITS BRANCH MANAGER.(FORMERLY KNOWN AS KOLLAM DISTRICT CO-OPERATIVE BANK), CHATHANNOOR BRANCH, KOLLAM DISTRICT-691572, REPRESENTED BY ITS BRANCH MANAGER. SRI CHRISTOPHER ABRAHAM,SC,GILBERT GEORGE CORREYA,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON19.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Petitioner has approached this Court seeking a direction todispose of Ext.P3 appeal preferred before the 2ndrespondent/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 2nd respondentto take a decision on Ext.P3 appeal in accordance with law, afteraffording an opportunity of hearing to the petitioner, within aperiod of three 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 a decision istaken on the appeal, recovery proceedings pursuant to theassessment order shall be kept in abeyance. nak Sd/- AMIT RAWALJUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1A TRUE COPY OF THE ASSESSMENT ORDER OF THE YEAR 2017-2018 DATED 21/11/2019. EXHIBIT P2A TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 156 OF THE INCOME TAX ACT DATED 21/11/2019. EXHIBIT P3 A TRUE COPY OF THE ONLINE APPEAL DATED 30/11/2019 ALONG WITH GROUNDS OR APPEAL FILED BEFORE THE 2ND RESPONDENT, AGAINSTEXT.P1 ASSESSMENT ORDER. EXHIBIT P4 A TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER IN EXT.P3 APPEAL DATED07/01/2020. EXHIBIT P5 A TRUE COPY OF THE NOTICE NO. ITBA/RCV/S/226(3)-1/2019-20/1025058659(1) DATED 12/02/2020 ISSUEDBY THE 1ST RESPONDENT. EXHIBIT P6A TRUE COPY OF THE JUDGMENT DATED 19/07/2019 IN WA NO.1639/2019. EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 25/11/2019 IN WPC NO.31787/2019. //TRUE COPY// P.A TO JUDGE