Wp(C)/5070/2020 Of Kundayam Service Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 24TH DAY OF FEBRUARY 2020 / 5TH PHALGUNA, 1941 WP(C).No.5070 OF 2020(G) PETITIONER: KUNDAYAM SERVICE CO-OPERATIVE BANK LTD.NO.3259,REPRESENTED BY ITS SECRETARY, KUNDAYAM P.O., PATHANAPURAM, KOLLAM DISTRICT, PIN-689 695. BY ADVS.SRI.T.R.HARIKUMARSRI.ARJUN RAGHAVAN RESPONDENTS: 1THE INCOME TAX OFFICER,WARD 4, OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX, KOLLAM RANGE, AAYAKAR BHAVAN, KARBALA JUNCTION, KOLLAM, PIN-691 001.2THE COMMISSIONER OF INCOME TAX(APPEALS),AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN-695 003. CHRISTOPHER ABRAHAM SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON24.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 24th day of February 2020 The petitioner, a co-operative society filed an appeal as againstthe assessment order under the Income Tax Act before the 2ndrespondent. The assessing authority insisted payment of 20% of thedisputed tax to grant stay against recovery, pending appeal. In the light of the various judgments of this Court, the appellateauthority-2nd respondent is directed to dispose the appeal within aperiod of two months after issuing notice to the petitioner. Till then,the recovery proceedings shall be kept in abeyance. Orderedaccordingly. The writ petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER FOR THEYEAR 2017-2018 DATED 30.11.2019. EXHIBIT P2 A TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 156 OF THE INCOME TAX ACT DATED 30.11.2019. EXHIBIT P3 A TRUE COPY OF THE ONLINE APPEAL DATED 06.12.2019 ALONG WITH GROUNDS OF APPEAL FILED BEFORE THE 2ND RESPONDENT AGAINST EXT.P1 ASSESSMENT ORDER. EXHIBIT P4 A TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER IN EXT.P3 APPEAL DATED 24.01.2020. EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED 19.07.2019 IN WA NO.1639 OF 2019. EXHIBIT P6 A TRUE COPY OF THE JUDGMENT DATED 25.11.2019 IN WPC NO.31787 OF 2019. RESPONDENTS' EXHIBITS:-NIL //TRUE COPY// P.A. TO JUDGE