Wp(C)/7600/2020 Of The Amballur Service Co-Operative Bank Ltd v. The Commissioner Of Income Tax (Appeals)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 12TH DAY OF MARCH 2020 / 22ND PHALGUNA, 1941 WP(C).No.7600 OF 2020(Y) PETITIONER/S: THE AMBALLUR SERVICE CO-OPERATIVE BANK LTD.NO.503NO.503, MANNAMPETTA, P.O.VARAKKARA, ALAGAPPANAGAR, THRISSUR-680 302, REPRESENTED BY ITS SECRETARY BY ADV. SRI.P.C.SASIDHARAN RESPONDENT/S: 1THE COMMISSIONER OF INCOME TAX (APPEALS),AAYAKAR BHAVAN, S.T.NAGAR, THRISSUR-680 001AAYAKAR BHAVAN, S.T.NAGAR, THRISSUR-680 001 2THE INCOME TAX OFFICER,OFFICER, THRISSUR-680 001OFFICER, THRISSUR-680 001 WARD 2 (1), THRISSUR, OFFICE OF THE INCOME TAX BY SC JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON12.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 12th day of March 2020 The petitioner, a primary agriculturalcredit society and an assesse on the files ofthe 2[nd] respondent, is aggrieved by thecondition of payment of 20% of the demandsfor grant of stay, pending consideration ofExts.P4 and P9 appeals filed against Exts.P2 and P7 assessment orders. 2. Considering the nature of thecontentions raised, and the fact of thecondition of payment of 20% of the taxassessed imposed on similarly situatedsocieties being held to be bad by a DivisionBench in its judgment in W.A.No.1529 of 2019,this writ petition is disposed of directingconsideration of Exts.P4 and P9 appeals onmerit, without insisting for remittance of20% as demanded under Ext.P5. The recoveryproceedings based on Exts.P2 and P7assessment orders shall be kept in abeyance WP(C).No.7600 OF 2020 3 till the appeals are decided. The 1[st]respondent shall endevour to dispose of theappeals as expeditiously as possible.The writ petition is disposed ofaccordingly. Sd/-V.G.ARUNJUDGE uu12.03.2020 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1TRUE COPY OF THE CERTIFICATE OF REGITRATION ISSUED BY THE JOINT REGISTRAR (GENERAL) THRISSUR DATED 28.5.14REGITRATION ISSUED BY THE JOINT REGISTRAR (GENERAL) THRISSUR DATED 28.5.14 EXHIBIT P2TRUE COPY OF THE ASSESSMENT ORDER DATED 5.12.2019DATED 5.12.2019 EXHIBIT P3TRUE COPY OF THE COMPUTATION SHEET EXHIBIT P4 TRUE COPY OF THE APPEAL DATED 21.1.202021.1.2020 EXHIBIT P5 TRUE COPY OF THE ORDER DATED 4.2.20204.2.2020 EXHIBIT P6TRUE COPY OF THE STAY PETITION DATED 12/2/2020DATED 12/2/2020 EXHIBIT P7TRUE COPY OF THE ASSESSMENT ORDER DATED 23.12.2019DATED 23.12.2019 EXHIBIT P8TRUE COPY OF THE COMPUTATION SHEET EXHIBIT P9TRUE COPY OF THE APPEAL DATED 21.1.202021.1.2020 EXHIBIT P10TRUE COPY OF THE ORDER DATED 4.2.20204.2.2020 EXHIBIT P11TRUE COPY OF THE STAY PETITION DATED 12.2.2020DATED 12.2.2020 EXHIBIT P12TRUE COPY OF THE NOTICE DATED 6.3.20206.3.2020 EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 1.7.20191.7.2019