Wp(C)/5431/2020 Of Anakkara Service Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, THE 03RD DAY OF MARCH 2020 / 13TH PHALGUNA, 1941WP(C).No.5431 OF 2020(D) PETITIONER/S: ANAKKARA SERVICE CO-OPERATIVE BANK LTD 01KUMBIDI P.O. PALAKKAD, , PALAKKAD 679 553, KERALA, REPRESENTED BY ITS SECRETARY SHRI. T. E ANIL KUMAR. BY ADVS.SRI.T.M.SREEDHARAN (SR.)SRI.V.P.NARAYANANSMT.DIVYA RAVINDRANSMT.NISHA JOHN RESPONDENT/S: 1THE INCOME TAX OFFICERWARD-3, AAYAKAR BHAVAN, PALAKKAD 678 014. 2THE COMMISSIONER OF INCOME TAX(APPEALS), AAYAKAR BHAWAN, SAKTHAN THAMPURAN NAGAR, THRISSUR 680 001. OTHER PRESENT: SRI JOSE JOSEPH SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON03.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Petitioner has approached this Court seeking a direction to dispose of Ext.P2 appeal preferred before the secondrespondent/Commissioner of Income Tax (Appeals) against theassessment order Ext.P1. 2.Having heard the learned counsel on both sides, thewrit petition is disposed of with a direction to the secondrespondent to take a decision on Ext.P2 appeal in accordancewith law, after affording an opportunity of hearing to thepetitioner, within a period of three months from the date ofreceipt of a copy of this judgment without insisting on paymentof 20% of the tax demanded, as per circular of 2017. Till suchtime a decision is taken on the appeal, recovery proceedingspursuant to the assessment order shall be kept in abeyance. sab Sd/- AMIT RAWAL JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 19.12.2019 FOR AY-2017-18 ALONG WITH DEMAVEND NOTICE AND COMPUTATION STATEMENTPASSED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 12.1.2020 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR AY-2017-18. EXHIBIT P3 TRUE 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) OF THE ACT DATED 18.2.2020 SUBMITTED BEFORE THE 1ST RESPONDENT.