Wp(C)/5074/2020 Of The Pullampara 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.5074 OF 2020(H) PETITIONER: THE PULLAMPARA SERVICE CO-OPERATIVE BANK LTD.NO.2429REPRESENTED BY ITS SECRETARY,MUKKUDIL P.O, VENJARAMOODU, THIRUVNANTHAPURAM DISTRICT 695 607 BY ADVS.SRI.T.R.HARIKUMARSRI.ARJUN RAGHAVAN RESPONDENTS: 1THE INCOME TAX OFFICERINCOME TAX, AAYAKAR BHAVAN, KAWDIAR P.O, THIRUVNANATHAPURAM PIN 695 003 WARD -2(3), OFFICE OF THE ADDITIONAL COMMISSIONER OF 2THE COMMISSIONER OF INCOME TAX (APPEALS)SSYSKST BHAVAN, KOWDIAR, THIRUVANANTHAPURAM PIN 695 003SSYSKST 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 13-12-2019 EXHIBIT P2 A TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 156 OF THE INCOME TAX ACT DATED 13-12-2019 EXHIBIT P3 A TRUE COPY OF THE ONLINE APPEAL DATED 06-01-2020 ALONG WITH GROUNDS OF APPEAL, FILEDBEFORE 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 21-01-2020 EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED 19-07-2019 IN W.A NO. 1639 OF 2019 EXHIBIT P6 A TRUE COPY OF THE JUDGMENT DATED 25-11-2019 IN WP(C) NO. 31787 OF 2019 RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A. TO JUDGE