Wp(C)/7240/2020 Of The Arakuzha Service Co-Operative Bank Ltd v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, THE 10TH DAY OF MARCH 2020 / 20TH PHALGUNA, 1941 WP(C).No.7240 OF 2020(D) PETITIONER: THE ARAKUZHA SERVICE CO-OPERATIVE BANK LTD.NO. 493,ARAKUZHA P O, MUVATTUPUZHA, PIN-686672. REPRESENTED BY ITS SECRETARY. BY ADVS.SRI.C.A.JOJOSRI.MATHEWS JOSEPH RESPONDENTS: 1INCOME TAX OFFICER,WARD 1 AND TPS, INCOME TAX OFFICE, TEMPLE ROAD, THODUPUZHA P O, PIN-685584. 2COMMISSIONER OF INCOME TAX (APPEALS)-2,OFFICE OF THE COMMISSIONER OF INCOME TAX, CENTRAL REVENUE TOWER, KOCHI-682018. OTHER PRESENT: SRI CHRISTOPHER ABRAHAM SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON10.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- JUDGMENT Petitioner has approached this Court seeking adirection to dispose of Exts.P3 and P6 appeals preferredbefore the second respondent/Commissioner of IncomeTax (Appeals) against the assessment orders Exts.P1 andP4. 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 Exts.P3 and P6appeals in accordance with law, after affording anopportunity of hearing to the petitioner, within a period ofthree 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 adecision is taken on the appeal, recovery proceedingspursuant to the assessment orders shall be kept inabeyance. Sd/- AMIT RAWAL JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE RE ASSESSMENT ORDERFOR AY 2014-15 DATED 09.05.2019 BY THE1ST RESPONDENT. EXHIBIT P2 A TRUE COPY OF THE DEMAND NOTICE U/S. 156 DATED 19.12.2016 ISSUED BY THE FIRST RESPONDENT.156 DATED 19.12.2016 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE APPEAL AY 2014-15 BEFORE THE 2ND RESPONDENT DATED 06.03.2020. EXHIBIT P4 A TRUE COPY OF THE ASSESSMENT ORDER FOR AY 2017-18 DATED 17.12.2019 ISSUEDBY THE FIRST RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE DEMAND NOTICE U/S. 156 DATED 17.12.2019 ISSUED BY THE FIRST RESPONDENT.156 DATED 17.12.2019 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE APPEAL FOR 1Y 2017-18 BEFORE THE 2ND RESPONDENT DATED 16.01.2020.18 BEFORE THE 2ND RESPONDENT DATED 16.01.2020. EXHIBIT P7 A TRUE COPY OF THE NOTICE OF DEMAND DATED 11.02.2020 FOR 20% OF TAX FOR AY2014-15 AND 2017-18 ISSUED BY THE 1ST RESPONDENT.DATED 11.02.2020 FOR 20% OF TAX FOR AY2014-15 AND 2017-18 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P8 A TRUE COPY OF THE NOTICE OF DEMAND DATED 23.10.2019 FOR 20% OF TAX FOR AY2014-15 AND 2018-19 ISSUED BY THE 1ST RESPONDENT.DATED 23.10.2019 FOR 20% OF TAX FOR AY2014-15 AND 2018-19 ISSUED BY THE 1ST RESPONDENT.