Wp(C)/4919/2020 Of Poovathumkadavu Farmers Service Co-Op Bank Ltd v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 20TH DAY OF FEBRUARY 2020 / 1ST PHALGUNA, 1941 WP(C).No.4919 OF 2020(L) PETITIONER/S: POOVATHUMKADAVU FARMERS SERVICE CO-OP BANK LTD.NO.4686, PANAGAD P.O., THRISSUR - 680 665 REPRESENTEDBY ITS MANAGING DIRECTOR BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT/S: 1INCOME TAX OFFICER WARD-2(4), THRISSUR, AAYAKAR BHAVAN, NEAR SHAKTHANTHAMPURAN NAGAR THRISSUR - 680 001 2COMMISSIONER OF INCOME TAX (APPEALS)-2OFFICE OF THE COMMISSIONER OF INCOME TAX, THRISSUR - 680 001 OTHER PRESENT: SRI JOSE JOSEPH,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON20.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 20th day of February 2020 Petitioner has approached this Court seeking a direction to dispose of Exts.P3 and P7 appeals before the secondrespondent/Commissioner of Income Tax (Appeals) againstthe assessment orders Exts.P1 and P5. 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 and P7 appeals inaccordance with law, after affording an opportunity of hearingto the petitioner, within a period of three months from thedate of receipt 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 orders shall be keptin abeyance. Sd/- AMIT RAWAL JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER AY 2012-13 DATED 13.11.2019 ISSUED BY THE FIRST RESPONDENT EXHIBIT P2 A TRUE COPY OF THE DEMAND NOTICE U/S156 DATED 13.11.2019 ISSUED BY THE FIRST RESPONDENT EXHIBIT P3 A TRUE COPY OF THE APPEAL FOR AY 2012-13 BEFORE THE 2ND RESPONDENT DATED 05.12.2019 EXHIBIT P4 A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 14.01.2020 FOR 20% OF TAX EXHIBIT P5 A TRUE COPY OF THE ASSESSMENT ORDER AY 2017-18 DATED 26.11.2019 ISSUED BY THE FIRST RESPONDENT EXHIBIT P6 A TRUE COPY OF THE DEMAND NOTICE U/S 156 DATED 26.11.2019 ISSUED BY THE FIRST RESPONDENT EXHIBIT P7 A TRUE COPY OF THE APPEAL FOR AY 2017-18 BEFORE THE 2ND RESPONDENT DATED 24.12.2019 EXHIBIT P8 A TRUE COPY OF THE NOTICE U/S 221(1) ISSUED BY THE 1ST RESPONDENT DATED 14.01.2020