Wp(C)/5708/2020 Of The Pidavoor Service Co-Operative Bank Ltd v. The Income Tax Officer

WP(C) NO.5708 OF 2020 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI THURSDAY, THE 27TH DAY OF FEBRUARY 2020 / 8TH PHALGUNA, 1941 WP(C).No.5708 OF 2020(K) PETITIONER/S: THE PIDAVOOR SERVICE CO-OPERATIVE BANK LTD.NO.2807REPRESENTED BY ITS SECRETARY, PIDAVOOR P.O, PATHANAPURAM, KOLLAM DISTRICT 689 695 BY ADVS.SRI.T.R.HARIKUMARSRI.ARJUN RAGHAVAN RESPONDENT/S: SC CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSIONON 27.02.2020, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING: WP(C) NO.5708 OF 2020 JUDGMENT Heard Adv.T.R Harikumar, for the petitioner and Adv.Christopher Abraham, the 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 contend that the Division Bench directed disposal of appeal and granted stay of recovery proceedings during the pendency of theappeal. 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 theCommissioner of Income Tax (Appeals)/ 2[nd] respondent to WP(C) NO.5708 OF 2020 consider and dispose of the statutory appeal filed by thepetitioner herein at the earliest taking note of the Full Bench decision reported in The Mavilayi Service Co-operative Bank Ltd,v. [1]The Commissioner of Income Tax, Calicut and to keep inabeyance recovery proceedings and collection of tax assessed,pending disposal of such appeal. Sd/- S.V.BHATTI JUDGE JS WP(C) NO.5708 OF 2020 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2017-2018 DATED 18-12-2019. EXHIBIT P2 A TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 156 OF THE INCOME TAX ACT DATED 18-12-2019 EXHIBIT P3 A TRUE COPY OF THE ONLINE APPEAL DATED 24-12-2019 ALONG WITH GROUNDS OF APPEAL,FILED BEFORE THE 2ND RESPONDENT, AGAINSTEXT-P1 ASSESSMENT ORDER. EXHIBIT P4 A TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER IN EXT-P3 APPEAL DATED24-01-2020 EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED 19-07-2019 IN W.A NO. 1639 OF 2019 EXHIBIT P6 A TRUE COPY OF THE JUDGMENT DATED 17-02-2020 IN WP(C) NO. 4433 OF 2020