Wp(C)/5228/2020 Of Aryanad 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.5228 OF 2020(C) PETITIONER: M/S.ARYANAD SERVICE CO-OPERATIVE BANK LTD.NO.593, BANK BUILDING, ARYANAD, THIRUVANANTHAPURAM-695 542, REPRESENTED BY ITS SECRETARY ARUNGHOSH.S. BY ADV. SRI.S.ARUN RAJ RESPONDENTS: 1THE INCOME TAX OFFICERWARD 2(3), AAYAKAR BHAWAN, FIRST FLOOR, KAWDIAR P.O.,THIRUVANANTHAPURAM-695 003. 2THE PRINCIPAL COMMISSIONER OF INCOME TAX,AAYAKAR BHAWAN, KAWDIAR P.O., THIRUVANANTHAPURAM-695 003. 3THE COMMISSIONER OF INCOME TAX (APPEALS),AAYAKAR BHAWAN, KAWDIAR P.O., THIRUVANANTHAPURAM-695 003. OTHER PRESENT: SRI.CHRISTOPHER ABRAHAM, SC FOR INCOME TAX. 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 24[th] day of February 2020 The petitioner, a Co-operative Bank, filed Ext.P2 appeal under the Income Tax Act before the 3[rd] respondent. The petitioner also moved astay application as per Ext.P3. Having considered the pendency of the appeal and the stayapplication as above, the appellate authority is directed to dispose theappeal within a period of two months. Till then, recovery proceedingsshall be kept in abeyance. This writ petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE smp APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1TRUE COPY OF THE ASSESSMENT ORDER DATED 11.12.2019 PASSED BY THE 1ST RESPONDENT UNDER SECTION 143(3) OF THE ACT FOR THE AY 2017-18.11.12.2019 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.PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY 2017-18. EXHIBIT P3TRUE COPY OF THE STAY APPLICATION DATED 13.01.2020 FILED BEFORE THE 1ST RESPONDENT FOR THE AY 2017-18.13.01.2020 FILED BEFORE THE 1ST RESPONDENT FOR THE AY 2017-18. EXHIBIT P4TRUE COPY OF THE JUDGMENT DATED 04.12.2019 PASSED BY THIS HONOURABLE COURT IN WPC NO.27295 OF 2019 IN SIMILAR CASE.PASSED BY THIS HONOURABLE COURT IN WPC NO.27295 OF 2019 IN SIMILAR CASE. EXHIBIT P5TRUE COPY OF THE JUDGMENT DATED 13.02.2020 PASSED BY THIS HONOURABLE COURT IN WPC NO.4167 OF 2020 IN SIMILAR CASE.PASSED BY THIS HONOURABLE COURT IN WPC NO.4167 OF 2020 IN SIMILAR CASE. EXHIBIT P6TRUE COPY OF THE JUDGMENT DATED 16.11.2019 PASSED BY THIS HONOURABLE COURT IN WPC NO.31037 OF 2019 IN SIMILAR CASE.PASSED BY THIS HONOURABLE COURT IN WPC NO.31037 OF 2019 IN SIMILAR CASE. RESPONDENTS' EXHIBITS: NIL. True Copy P.S to Judge smp