Wp(C)/5569/2020 Of Chalissery 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 WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941WP(C).No.5569 OF 2020(U) PETITIONER/S: M/S.CHALISSERY SERVICE CO-OPERATIVE BANK LTDP-579, CHALISSERY, PALAKKAD - 679 536, REPRESENTED BY ITS SECRETARY, SHRI T. GANGADHARAN. BY ADVS.SRI.T.M.SREEDHARAN (SR.)SMT.NISHA JOHNSRI.V.P.NARAYANAN RESPONDENTS: 1THE INCOME TAX OFFICERWARD - 3, PALAKKAD - 678 014. 2THE COMMISSIONER OF INCOME TAX (APPEALS)AAYAKAR BHAWAN, SAKTHAN THAMPURAN NAGAR, THRISSUR - 680 001. SC JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON26.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 WP(C).No.5569 OF 2020(U) JUDGMENT Dated this the 26th day of February 2020 Heard Adv. Nisha John, the learned counsel for thepetitioner and Sri. Jose Joseph, the learned Standing Counsel forrespondents. 2.Petitioner refers to and relies on judgment dated01.07.2019 in W.A No.1536 of 2019 and connected cases to Petitioner refers to and relies on judgment dated contend that the Division Bench directed disposal of appeal andgranted stay of recovery proceedings during the pendency ofthe appeal. 3.The learned Standing Counsel admits that the facts of the case are substantially same and similar to the facts noted bythe Division Bench in W.A. No.1536 of 2019, hence can befollowed. 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 the 3 WP(C).No.5569 OF 2020(U) petitioner herein at the earliest taking note of the Full Benchdecision reported in The Mavilayi Service Co-operative Bank Ltd,v. The Commissioner of Income Tax, Calicut[2019 (2) KHC 287]and to keep in abeyance recovery proceedings and collection oftax assessed, pending disposal of such appeal. hmh Sd/- S.V.BHATTI JUDGE 4 WP(C).No.5569 OF 2020(U) APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1TRUE COPY OF ASSESSMENT ORDER DATED 23.12.2019 FOR AY 2017-18 ALONG WITH DEMAND NOTICE AND COMPUTATION STATEMENT PASSED 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 AY2017-18 BEFORE THE 2ND RESPONDENT. EXHIBIT P4TRUE COPY OF THE APPLICATION DATED 18.2.2020 FILED BY THE PETITIONER BEFORETHE 1ST RESPONDNET U/S 220 (6). RESPONDENT'S/S EXHIBITS: NIL