Wp(C)/4809/2020 Of Palluruthy Mandalam Service Co-Operative Bank Ltd v. 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.4809 OF 2020(A) PETITIONER/S: PALLURUTHY MANDALAM SERVICE CO-OPERATIVE BANK LTD. NO. 65PALLURUTHY P.O., KOCHI-682006, REPRESENTED BY ITS SECRETARY. BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT/S: 1INCOME TAX OFFICERWARD-2(5), INCOME TAX OFFICE, L.G.TOWERS, THOPPUMPADY, ERNAKULAM-682005.2COMMISSIONER OF INCOME TAX (APPEALS)-2,OFFICE OF THE COMMISSIONER OF INCOME TAX, CENTRAL REVENUE TOWER, KOCHI-682018. R1-2 BY SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT OTHER PRESENT: SRI CHRISTOPHER ABRAHAM 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 directionto dispose of Exts.P3, P6 and P9 appeals preferred before thesecond respondent/Commissioner of Income Tax (Appeals)against the assessment orders Exts.P1, P4 and P7. 2.Having heard the learned counsel on both sides, thewrit petition is disposed of with a direction to the secondrespondent to take a decision on Exts.P3, P6 and P9 appealsin accordance with law, after affording an opportunity ofhearing to the petitioner, within a period of three monthsfrom the date of receipt of a copy of this judgment withoutinsisting on payment of 20% of the tax demanded, as percircular of 2017. Till such time a decision is taken on theappeal, recovery proceedings pursuant to the assessmentorders shall be kept in abeyance. sab Sd/- AMIT RAWAL JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER AY 2011-12 DATED 20.03.2015 ISSUED BY THE FIRST RESPONDENT.2011-12 DATED 20.03.2015 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P2A TRUE COPY OF THE DEMAND NOTICE U/S 156 DATED 20.03.2015 ISSUED BY THE FIRST RESPONDENT.DATED 20.03.2015 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE APPEAL FOR AY 2012-13 BEFORE THE 2ND RESPONDENT DATED 07.04.2015.07.04.2015. EXHIBIT P4A TRUE COPY OF THE ASSESSMENT ORDER FOR AY 2015-16 DATED 28.12.2017 BY THE 1ST RESPONDENT.AY 2015-16 DATED 28.12.2017 BY THE 1ST RESPONDENT. EXHIBIT P5A TRUE COPY OF THE DEMAND NOTICE FOR AN AMOUNT OF RS.24,21,38,090/-U/S 156 DATED 28.12.2017 ISSUED BY THE FIRST RESPONDENT.AMOUNT OF RS.24,21,38,090/-U/S 156 DATED 28.12.2017 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P6A TRUE COPY OF THE APPEAL FOR AY 2015-16 BEFORE THE 2ND RESPONDENT DATED 25.1.2018.BEFORE THE 2ND RESPONDENT DATED 25.1.2018. EXHIBIT P7A TRUE COPY OF THE ASSESSMENT ORDER FOR AY 2017-18 DATED 30.12.2019 ISSUED BY THEFIRST RESPONDENT.AY 2017-18 DATED 30.12.2019 ISSUED BY THEFIRST RESPONDENT. EXHIBIT P8A TRUE COPY OF THE DEMAND NOTICE FOR AN AMOUNT OF RS.4,39,45,8603/-U/S 156 DATED 30.12.2019 ISSUED BY THE FIRST RESPONDENT.AMOUNT OF RS.4,39,45,8603/-U/S 156 DATED 30.12.2019 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P9A TRUE COPY OF THE APPEAL FOR AY 2017-18 BEFORE THE 2ND RESPONDENT DATED 28.01.2020.BEFORE THE 2ND RESPONDENT DATED 28.01.2020. EXHIBIT P10A TRUE COPY OF THE NOTICE OF DEMAND DATED13.02.2019 FOR AY 2017-18 ISSUED BY THE 1ST RESPONDENT.13.02.2019 FOR AY 2017-18 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P11A TRUE COPY OF THE DEMAND NOTICE DATED 11.02.2019 ISSUED BY THE 1ST RESPONDENT.11.02.2019 ISSUED BY THE 1ST RESPONDENT.