Wp(C)/5073/2020 Of Pooyappally Service Co-Operative Bank Ltd v. The Income Tax Officer Ward 2

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.5073 OF 2020(H) PETITIONER: POOYAPPALLY SERVICE CO-OPERATIVE BANK LTD NO.3964MEEYANNOOR, POOYAPPALLY, P.O, KOLLAM DISTRICT-691 537REPRESENTED BY ITS SECRETARY BY ADVS.SRI.M.SASINDRANSRI.I.SREEHARI RESPONDENTS: 1THE INCOME TAX OFFICER WARD 2AAYAKAR BHAVAN, INCOME TAX OFFICE, NEAR KARBALA JUNCTION, RAILWAY STATION ROAD, KOLLAM 691 001 2THE COMMISSIONER OF INCOME TAX (APPEALS)AAYAKAR BHAVAN, KOWDIAR,, THIRUVANANTHAPURAM 695 001 ADV. SRI.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 against the assessment order under the Income Tax Act before the 2[nd]respondent. 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 appellate authority-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 P1A TRUE COPY OF THE REGISTRATION CERTIFICATEDATED 27-07-2015 ISSUED BY THE JOINT REGISTRAR (GENERAL) OF CO-OEPRATIVE SOCIETIES, KOLLAMDATED 27-07-2015 ISSUED BY THE JOINT REGISTRAR (GENERAL) OF CO-OEPRATIVE SOCIETIES, KOLLAM EXHIBIT P2A TRUE COPY OF THE CERTIFICATE ISSUED BY THE ASSISTANT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES KOLLAM, DATED 06-12-2018THE ASSISTANT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES KOLLAM, DATED 06-12-2018 EXHIBIT P3A TRUE COPY OF THE ASSESSMENT ORDER DATED 18-12-2019 FOR THE ASSESSMENT YEAR 2017-201818-12-2019 FOR THE ASSESSMENT YEAR 2017-2018 EXHIBIT P4A TRUE COPY OF THE DEMAND NOTICE DATED 18-12-201912-2019 EXHIBIT P5A TRUE COPY OF THE APPEAL MEMORANDUM FILED BEFORE THE 2ND RESPONDENTBEFORE THE 2ND RESPONDENT EXHIBIT P6A TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER DATED 13-02-2020THE PETITIONER DATED 13-02-2020 EXHIBIT P7A TRUE COPY OF THE JUDGMENT IN W.A NO. 1639OF 2019OF 2019 RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A. TO JUDGE