Wp(C)/5398/2020 Of Ambalapara Service Co-Op. 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, 1941 WP(C).No.5398 OF 2020(Y) PETITIONER: AMBALAPARA SERVICE CO-OP. BANK LTD.AMBALAPARA, OTTAPPALAM, PALAKKAD-679512, REPRESENTED BY ITS SECRETARY, SHRI. MOHAN KUMAR M. BY ADVS.SRI.T.M.SREEDHARAN (SR.)SMT.NISHA JOHNSRI.V.P.NARAYANAN RESPONDENTS: 1THE INCOME TAX OFFICERWARD -3, PALAKKAD-678014. 2THE COMMISSIONER OF INCOME TAX (APPEALS),AAYAKAR BHAWAN, SAKTHAN THAMPURAN NAGAR, THRISSUR-680001. 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 WP(C).No.5398 OF 2020(Y) 3 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. DCS SD/- S.V.BHATTIJUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1TRUE COPY OF ASSESSMENT ORDER DATED 20.12.2019 FOR AY-2017-18 ALONG WITH DEMANDNOTICE AND COMPUTATION STATEMENT PASSED BY THE 1ST RESPONDENT. EXHIBIT P2TRUE COPY OF THE MEMORANDUM OF APPEAL DATED12.01.2020 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 DATED 18.02.2020 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT U/S 220(6).