Wp(C)/7032/2020 Of Pampakuda Service Co-Operative Bank Ltd v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941 WP(C).No.7032 OF 2020(D) PETITIONER/S: PAMPAKUDA SERVICE CO-OPERATIVE BANK LTD.NO.3520PAMBAKUDA P.O. MOOVATTUPUZHA, ERNAKULAM DISTRICT 686 667, REPRESENTED BY ITS SECRETARY. BY ADVS.SRI.C.A.JOJOSRI.MATHEWS JOSEPH RESPONDENT/S: 1INCOME TAX OFFICER, WARD-2, INCOME TAX OFFICE, TEMPLE ROAD, THODUPUZHA 685 584. 2COMMISSIONER OF INCOME TAX(APPEALS)-2, OFFICE OF THE COMMISSIONER OF INCOME TAX, CENTRAL REVENUE TOWER , KOCHI 682 018. OTHER PRESENT: SRI CHRISTOPHER ABRAHAM SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON09.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Petitioner has approached this Court seeking adirection to dispose of Ext.P3 appeal preferred before thesecond respondent/Commissioner of Income Tax (Appeals)against the assessment order Ext.P1. 2.Having heard the learned counsel on both sides,the writ petition is disposed of with a direction to thesecond respondent to take a decision on Ext.P3 appeal inaccordance with law, after affording an opportunity ofhearing to the petitioner, within a period of three monthsfrom the date of receipt of a copy of this judgment withoutinsisting on payment of 20% of the tax demanded, as percircular of 2017. Till such time a decision is taken on theappeal, recovery proceedings pursuant to the assessmentorder shall be kept in abeyance. sab Sd/- AMIT RAWAL JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER AY 2017-18 DATED 19.12.2019 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P2 A TRUE COPY OF THE DEMAND NOTICE U/S 156 DATED 19.12.2019 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE APPEAL FOR AY 2017-18 BEFORE THE 2ND RESPONDENT DATED 17.01.2020. EXHIBIT P4 A TRUE COPY OF THE NOTICE DEMAND REMITTING FOR 20% OF TAX DATED 04.03.2020 FOR AY 2017-18 ISSUED BY THE1ST RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE NOTICE DEMAND REMITTING FOR 20% OF TAX DATED 04.03.2020 FOR AY 2017-18 ISSUED BY THE1ST RESPONDENT.