Wp(C)/7511/2020 Of The Vazhakulam Service Co-Operative Bank Ltd v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 11TH DAY OF MARCH 2020 / 21ST PHALGUNA, 1941 WP(C).No.7511 OF 2020(L) PETITIONER: THE VAZHAKULAM SERVICE CO-OPERATIVE BANK LTD.NO. 751,VAZHAKULAM.P.O, MUVATTUPUZHA, PIN-686670. BY ADVS.SRI.C.A.JOJOSRI.MATHEWS JOSEPH RESPONDENTS: 1INCOME TAX OFFICER,WARD -3 AND ALUVA RANGE,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 ON11.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- JUDGMENT Petitioner has approached this Court seeking adirection to dispose of Exts.P3, P6 and P9 appealspreferred before the second respondent/Commissioner ofIncome Tax (Appeals) against the assessment ordersExts.P1, P4 and P7. 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, P6 andP9 appeals 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 WP(C).No.7511 OF 2020 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER FOR AY-2013-14 DATED 01.03.2016FOR AY-2013-14 DATED 01.03.2016 EXHIBIT P2 A TRUE COPY OF THE DEMAND NOTICE U/S 156 DATED 01.03.2016 ISSUED BY THE FIRST RESPONDENT156 DATED 01.03.2016 ISSUED BY THE FIRST RESPONDENT EXHIBIT P3 A TRUE COPY OF THE APPEAL FOR AY 2013-14 BEFORE THE 2ND RESPONDENT DATED 12.04.201614 BEFORE THE 2ND RESPONDENT DATED 12.04.2016 EXHIBIT P4 A TRUE COPY OF THE ASSESSMENT ORDER FOR AY 2014-15 DATED 22.12.2016 BY THE1ST RESPONDENTFOR AY 2014-15 DATED 22.12.2016 BY THE1ST RESPONDENT EXHIBIT P5 A TRUE COPY OF THE DEMAND NOTICE U/S 156 DATED 22.12.2016 ISSUED BY THE FIRST RESPONDENT156 DATED 22.12.2016 ISSUED BY THE FIRST RESPONDENT EXHIBIT P6 A TRUE COPY OF THE APPEAL FOR AY 2014-15 BEFORE THE 2ND RESPONDENT DATED 25.01.201715 BEFORE THE 2ND RESPONDENT DATED 25.01.2017 EXHIBIT P7 A TRUE COPY OF THE ASSESSMENT ORDER FOR AY 2017-18 DATED 19.12.2019 ISSUEDBY THE FIRST RESPONDENTFOR AY 2017-18 DATED 19.12.2019 ISSUEDBY THE FIRST RESPONDENT EXHIBIT P8 A TRUE COPY OF THE DEMAND NOTICE U/S 156 DATED 19.12.2019 ISSUED BY THE FIRST RESPONDENT156 DATED 19.12.2019 ISSUED BY THE FIRST RESPONDENT EXHIBIT P9 A TRUE COPY OF THE APPEAL FOR AY 2017-18 BEFORE THE 2ND RESPONDENT DATED 15.01.2020.18 BEFORE THE 2ND RESPONDENT DATED 15.01.2020. EXHIBIT P10A TRUE COPY OF THE INTIMATION U/S 143(1)AY 2015-16 DATED 10.10.2016 ISSUED BY THE FIRST RESPONDENT.143(1)AY 2015-16 DATED 10.10.2016 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P11 A TRUE COPY OF THE NOTICE OF DEMAND NOTICE 12.02.2020 FOR 20% OF TAX FOR AY 2013-14,2014-15,2015-16 ISSUED BY THE 1ST RESPONDENTNOTICE 12.02.2020 FOR 20% OF TAX FOR AY 2013-14,2014-15,2015-16 ISSUED BY THE 1ST RESPONDENT WP(C).No.7511 OF 2020 EXHIBIT P12 A TRUE COPY OF THE NOTICE OF DEMAND DATED 11.02.202O OF 20% OF TAX FOR AY 2017-18 ISSUED BY THE 1ST RESPONDENT. //TRUE COPY//PA TO JUDGE