Wp(C)/5330/2020 Of The Thalappalam Service Co-Operative Bank Ltd v. Commissioner Of Income-Tax (Appeals)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI TUESDAY, THE 25TH DAY OF FEBRUARY 2020 / 6TH PHALGUNA, 1941WP(C).No.5330 OF 2020(M) PETITIONER: THE THALAPPALAM SERVICE CO-OPERATIVE BANK LTD.,9/279, PLASSANAL.P.O., KOTTAYAM-686579, REPRESENTED BY ITS SECRETARY MR.SUNIL KUMAR.K.R. BY ADVS.SRI.A.KUMARSRI.P.J.ANILKUMARSMTG.MINI(1748)SRI.P.S.SREE PRASADSRI.AJAY V.ANAND RESPONDENTS: 1COMMISSIONER OF INCOME-TAX (APPEALS),PUBLIC LIBRARY BUILDING, SHASTRI ROAD, KOTTAYAM-686001.2INCOME TAX OFFICER,WARD 5, INCOME TAX OFFICE, PUBLIC LIBRARY BUILDING, SHASTRI ROAD, KOTTAYAM-686001. BY SRI. JOSE JOSEPH,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON25.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 25th day of February 2020 Heard Sri. A. Kumar, the learned counsel for the petitioner and Sri. Jose Joseph, the learned StandingCounsel for respondents. 2. Petitioner refers to and relies on judgment dated 01.07.2019 in W.A No.1536 of 2019 and connected cases to contend that the Division Bench directed disposalof appeal and granted stay of recovery proceedingsduring the pendency of the appeal. 3. The learned Standing Counsel admits that the facts of the case are substantially same and similar to thefacts noted by the Division Bench in W.A. No.1536 of 2019,hence can be followed. Hence, the writ petition is disposed of directing the Commissioner of Income Tax (Appeals)/ 1[st] respondent toconsider and dispose of the statutory appeal filed by the DCS petitioner herein, at the earliest, taking note of the FullBench decision reported in The Mavilayi Service Co-v. operative Bank Ltd, The Commissioner of Income Tax,Calicut[2019 (2) KHC 287] and to keep in abeyancerecovery proceedings and collection of tax assessed,pending disposal of such appeal. SD/- S.V.BHATTI JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 28.12.2019. EXHIBIT P2 TRUE COPY OF NOTICE OF DEMAND UNDER SECTION156 DATED 28.12.2019. EXHIBIT P3 TRUE COPY OF APPEAL FILED IN FORM 35 DATED 4.2.2020. EXHIBIT P4 TRUE COPY OF STAY APPLICATION DATED 4.2.2020. EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THE HON'BLE DIVISION BENCH IN WRIT APPEAL 1529/2019 DATED 1.7.2019.