Wp(C)/6800/2020 Of Palliyackal 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 FRIDAY, THE 06TH DAY OF MARCH 2020 / 16TH PHALGUNA, 1941 WP(C).No.6800 OF 2020(Y) PETITIONER: PALLIYACKAL SERVICE CO-OPERATIVE BANK LTD.NO.2232, PALLIYACKAL, EZHIKKARA, ERNAKULAM-683513 REPRESENTED BY ITS SECRETARY, SHRI. VIJAYAN M.P. BY ADVS.SRI.T.M.SREEDHARAN (SR.)SMT.NISHA JOHNSRI.V.P.NARAYANAN RESPONDENTS: 1THE INCOME TAX OFFICER WARD 3, K.A.P. COMMERCIAL COMPLEX, O/O ADDL. CIT, ALUVA RANGE, R.S. ROAD, ALUVA-683101. 2THE COMMISSIONER OF INCOME TAX (APPEALS)28/243, POORNIMA, NEAR MANORAMA JUNCTION, PANAMPILLY NAGAR, KOCHI-682 036. SRI CHRISTOPHER ABRAHAM SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON06.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Petitioner has approached this Court seeking a direction todispose of Ext.P2 appeal preferred before the 2[nd]respondent/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 2[nd] respondentto take a decision on Ext.P2 appeal in accordance with law, afteraffording an opportunity of hearing to the petitioner, within aperiod of three months from the date of receipt of a copy of thisjudgment without insisting on payment of 20% of the taxdemanded, as per circular of 2017. Till such time a decision istaken on the appeal, recovery proceedings pursuant to theassessment order shall be kept in abeyance. nak Sd/- AMIT RAWALJUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER AND DEMAND NOTICE DATED 19.12.2019 ALONG WITH COMPUTATION OF INCOME ALONG WITH DEMAND OF INCOME TAX FOR AY 2017-18 BY THE IST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF APPEAL E-FILED DATED 28.1.2020 FOR THE ASSESSMENTYEAR 2017-18 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE STAY PETITION DATED 28.2.2020 FILED BY THE PETITIONER FOR AY2017-18 BEFORE THE 2ND RESPONDENT. //TRUE COPY// P.A TO JUDGE