Wp(C)/5898/2020 Of The Manickal Service Co-Operative Bank Ltd v. The Income Tax Officer

WP(C) NO.5898 OF 2020 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941 WP(C).No.5898 OF 2020(J) PETITIONER/S: THE MANICKAL SERVICE CO-OPERATIVE BANK LTD.NO. 1910REPRESENTED BY ITS SECRETARY, PIRAPPANCODE P.O., THIRUVANANTHAPURAM DISTRICT-695607. BY ADVS.SRI.T.R.HARIKUMARSRI.ARJUN RAGHAVAN RESPONDENT/S: 1THE INCOME TAX OFFICERWARD-2(3), OFFICE OF THE INCOME TAX OFFICER, AAYAKAR BHAVAN, KAWDIAR P.O., THIRUVANANTHAPURAM, PIN-695003. 2THE COMMISSIONER OF INCOME TAX (APPEALS),AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN-695003. SC CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON28.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.5898 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.5898 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.5898 OF 2020 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2017-2018 DATED 13.12.2019. EXHIBIT P2A TRUE COPY OF THE NOTICE ISSUED UNDER SECTION156 OF THE INCOME TAX ACT DATED 13.12.2019. EXHIBIT P3 A TRUE COPY OF THE ONLINE APPEAL WITH GROUNDSOF APPEAL ALONG WITH COVERING LETTER DATED 20.12.2019, FILED AGAINST EXT-P1 ASSESSMENT ORDER, BEFORE THE 2ND RESPONDENT. EXHIBIT P4A TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER IN EXT-P3 APPEAL DATED 20.12.2019. EXHIBIT P5A TRUE COPY OF THE JUDGMENT DATED 19.07.2019 INW.A.NO.1639 OF 2019. EXHIBIT P6A TRUE COPY OF THE JUDGMENT DATED 17.02.2020 INWP(C) NO.4433 OF 2020.