Wp(C)/5360/2020 Of Koppam Service Co-Operative Bank Ltd v. The Income Tax Officer

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.5360 OF 2020(T) PETITIONER: KOPPAM SERVICE CO-OPERATIVE BANK LTD.PULASSERI, (PO) KOPPAM, PATTAMBI, PALAKKAD - 679 307, KERALA REPRESENTED BY SHRI V.P. HARINARAYANAN BY ADVS.SRI.T.M.SREEDHARAN (SR.)SRI.V.P.NARAYANANSMT.DIVYA RAVINDRAN RESPONDENTS: 1THE INCOME TAX OFFICERWARD - 3, PALAKKAD 2THE COMMISSIONER OF INCOME TAX (APPEALS)AAYAKAR BHAWAN, SAKTHAN THAMPURAM NAGAR, THRISSUR - 680 001 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 Adv. Nisha John 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 disposal of 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)/ 2[nd] respondent toconsider and dispose of the statutory appeal filed by thepetitioner herein, at the earliest, taking note of the Full DCS Bench 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.BHATTIJUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 18.12.2019 FOR AY 2017-18 ALONG WITH DEMANDNOTICE AND COMPUTATION STATEMENT PASSED BY THE 1ST RESPONDENT EXHIBIT P2TRUE COPY OF THE MEMORANDUM OF APPEAL DATED11.1.2020 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR AY 2017-18 EXHIBIT P3TRUE COPY OF THE STAY PETITION DATED 18.2.2020 FILED BY THE PETITIONER FOR AY 2017-18 BEFORE THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE APPLICATION U/S 220 (6) OFTHE ACT DATED 18.2.2020 SUBMITTED BEFORE THE 1ST RESPONDENT