Wp(C)/5037/2020 Of Ettumanoor 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 THURSDAY, THE 20TH DAY OF FEBRUARY 2020 / 1ST PHALGUNA, 1941WP(C).No.5037 OF 2020(D) PETITIONER/S: ETTUMANOOR SERVICE CO-OPERATIVE BANK LTD.,PEROOR ROAD, ETTUMANOOR, KOTTAYAM, REPRESENTED BY ITSSECRETARY IN CHARGE THUSHARA JOSEPH. BY ADV. SRI.S.ARUN RAJ RESPONDENT/S: THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON20.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Petitioner has approached this Court seeking a directionto dispose of Ext.P2 appeal preferred before the thirdrespondent/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 thirdrespondent to take a decision on Ext.P2 appeal in accordancewith law, after affording an opportunity of hearing to thepetitioner, within a period of three months from the date ofreceipt 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 order shall be kept inabeyance. Sd/- AMIT RAWAL JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 29/12/2019 PASSED BY THE 1ST RESPONDENT UNDER SECTION 143(3) OF THE ACT FOR THE AY 2017-18. EXHIBIT P2TRUE COPY OF THE FIRST APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY 2017-18. EXHIBIT P3 TRUE COPY OF THE STAY APPLICATION DATED 10/02/2020 FILED BEFORE THE 1ST RESPONDENT FOR THE AY 2017-18. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 11/02/2020 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE AY 2017-18. EXHIBIT P5TRUE COPY OF THE STAY APPLICATION FILED BEFORE THE 3RD RESPONDENT FOR THE AY 2017-18. EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 23/10/2019 PASSED BY THIS HONOURABLE COURT IN WPC NO.28170/2019 IN SIMILAR CASE.