Wp(C)/7667/2020 Of Ambalapad Service Co-Operative Bank Ltd v. The Income Tax Officer Ward 2 (1)

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.7667 OF 2020(G) PETITIONER/S: AMBALAPAD SERVICE CO-OPERATIVE BANK LTD.NO.759, XI/57, KUNDUKAD P.O. THRISSUR 680 028, REPRESENTED BY ITS SECRETARY. BY ADVS.SRI.M.SASINDRANSRI.I.SREEHARI RESPONDENT/S: 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 As against Ext.P3 assessment order, the petitioner, a primary agricultural creditsociety, has preferred Ext.P5 appeal. Thegrievance of the petitioner is against theinsistance for payment of 20% of the taxassessed, pending consideration of the appeal.2. I have heard learned standing counselfor the Income Tax department also. 3. Considering the limited nature of therelief sought, this writ petition is disposedof directing the 2[nd] respondent to take adecision on Exts.5 appeal in accordance withlaw, after affording an opportunity of hearingto the petitioner within a period of threemonths from the date of receipt of a copy ofthis judgment. Till such time, Ext.P8 bywhich the petitioner is called upon to remit20% of the tax demanded shall be kept inabeyance and recovery proceedings based on WP(C).No.7667 OF 2020 3 Ext.P3 assessment order shall stand deferred. accordingly. Sd/- V.G.ARUN JUDGE uu 13.03.2020 WP(C).No.7667 OF 2020 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR DATED 28.05.2014. EXHIBIT P2A TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 21.01.2019 ISSUEDBY THE ASSISTANT REGISTRAR (GENERAL).CERTIFICATE DATED 21.01.2019 ISSUEDBY THE ASSISTANT REGISTRAR (GENERAL). EXHIBIT P3A TRUE COPY OF THE ASSESSMENT ORDERDATED 03.12.2019 FOR THE ASSESSMENTYEAR 2012-2013.DATED 03.12.2019 FOR THE ASSESSMENTYEAR 2012-2013. EXHIBIT P4A TRUE COPY OF THE DEMAND NOTICE DATED 03.12.2019.DATED 03.12.2019. EXHIBIT P5A TRUE COPY OF THE APPEAL MEMORANDUM FILED BEFORE THE 2ND RESPONDENT.MEMORANDUM FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P6A TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER DATED 10.01.2020.FILED BY THE PETITIONER DATED 10.01.2020. EXHIBIT P7A TRUE COPY OF THE JUDGMENT DATED 19.7.2019 IN W.A. NO. 1639 OF 2019.19.7.2019 IN W.A. NO. 1639 OF 2019. EXHIBIT P8A TRUE COPY OF THE ORDER NO. ITBA/COM/F/17/2019-20/1025776373(1)DATED 26.02.2020.ITBA/COM/F/17/2019-20/1025776373(1)DATED 26.02.2020.