Wp(C)/6932/2020 Of Edava 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, 1941WP(C).No.6932 OF 2020(N) PETITIONER: EDAVA SERVICE CO-OPERATIVE BANK LTD. NO.3782REPRESENTED BY ITS SECRETARY, EDAVA P.O., THIRUVANANTHAPURAM DISTRICT-695311. RESPONDENTS: BY ADVS.SRI.ARJUN RAGHAVANSRI.ADITHYA RAJEEV 1THE INCOME TAX OFFICER, WARD-2(5), OFFICE OF THE INCOME TAX OFFICER, AAYAKAR BHAVAN, KAWDIAR P.O., THIRUVANANTHAPURAM, PIN-695003.BHAVAN, KAWDIAR P.O., THIRUVANANTHAPURAM, PIN-695003. 2THE COMMISSIONER OF INCOME TAX (APPEALS),AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN-695003.AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN-695003. 3THE GENERAL MANAGER,THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, HEAD OFFICE, EAST FORT, THIRUVANANTHAPURAM, PIN-695001.THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, HEAD OFFICE, EAST FORT, THIRUVANANTHAPURAM, PIN-695001. ADV.CHRISTOPHER ABRAHAM, SCADV.THOMAS ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON06.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 6th day of March 2020 Petitioner has approached this Court seeking a directionto dispose of Ext.P3 appeal and Ext.P4 interim applicationpreferred before the second respondent/Commissioner ofIncome Tax (Appeals) against the assessment order Ext.P1. 2.Having heard the learned counsel on both sides, thewrit petition is disposed of with a direction to the thirdrespondent to take a decision on Ext.P3 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 onpayment of 20% of the tax demanded, as per circular of 2017.Till such time a decision is taken on the appeal, recoveryproceedings pursuant to the assessment orders shall be keptin abeyance. Sd/- AMIT RAWAL JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2017-2018 DATED 19.12.2019. EXHIBIT P2A TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 156 OF THE INCOME TAX ACT DATED 19.12.2019.UNDER SECTION 156 OF THE INCOME TAX ACT DATED 19.12.2019. EXHIBIT P3 A TRUE COPY OF THE ONLINE APPEAL DATED 31.12.2019 ALONG WITH GROUNDS OF APPEAL FILED BEFORE THE 2ND RESPONDENT, AGAINST EXT.P1 ASSESSMENTORDER. EXHIBIT P4A TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER IN EXT.P3 APPEAL DATED 07.01.2020.FILED BY THE PETITIONER IN EXT.P3 APPEAL DATED 07.01.2020. EXHIBIT P5A TRUE COPY OF THE JUDGMENT DATED 19.07.2019 IN W.A.NO.1639 OF 2019.19.07.2019 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 202017.02.2020 IN WP(C)NO.4433 OF 2020