Wp(C)/5419/2020 Of Maranchery Service Co-Operative Bank Limited v. The 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, 1941 WP(C).No.5419 OF 2020(B) PETITIONER: MARANCHERY SERVICE CO-OPERATIVE BANK LIMITED NO. 28, PO MARANCHERY, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY BY ADV. SRI.O.D.SIVADAS RESPONDENTS: 1THE COMMISSIONER OF INCOME TAX (APPEALS)AYAKAR BHAVAN, KOZHIKODE - 673 0012THE INCOME TAX OFFICERWARD (4), TIRUR 676 001 BY SRI. JOS WINSON FOR SRI. CHRISTOPHER ABRAHAM, 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. O.D. Sivadas, the learned counsel for the petitioner and Sri. Jos Winson holding for Sri. Christopher Abraham, the learned Standing Counsel for respondents. 2.Petitioner refers to and relies on judgmentdated 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 thefacts 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. The learned Standing Counsel admits that the 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 thepetitioner herein, at the earliest, taking note of the Full WP(C).No.5419 OF 2020(B) 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 P1COPY OF THE ASSESSMENT ORDER DATED 27.12.2019 ISSUED BY THE 2ND RESPONDENT FORTHE PERIOD 2017-18 EXHIBIT P2 COPY OF THE APPEAL DATED 25.01.2020 FILED BY THE BEFORE THE 1ST RESPONDENT FOR THE PERIOD 2017-18