Wp(C)/7690/2020 Of Kayamkulam Co-Operative Bank Ltd.no.a 421 v. Income Tax Officer

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, 1941WP(C).No.7690 OF 2020(I) PETITIONER: KAYAMKULAM CO-OPERATIVE BANK LTD.NO.A 421,KRISHNAPURAM P.O, KAYAMKULAM, PIN 690 533, REPRESENTED BY ITS SECRETARY. BY ADVS.SRI.C.A.JOJOSHRI.ARUN B. RESPONDENTS: 1INCOME TAX OFFICER,WARD-5, ALAPPUZHA, A N PURAM P.O, ALAPPUZHA 688 011. 2COMMISSIONER OF INCOME TAX (APPEALS),OFFICE OF THE COMMISSIOENR OF INCOME TAX,PUBLIC LIBRARY BUILDING, KOTTAYAM TOWN P.O 686 002. 3THE BRANCH MANAGER,ALAPPUZHA DISTRICT CENTRAL CO-OPERATIVE BANK, KAYAMKULAM MAIN BRANCH, KAYAMKULAM P.O, PIN-690 106. R1-2 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 prayer in the writ petition is foran expeditious disposal of Exhibit P3-appeal andto keep the recovery proceedings which has beeninitiated through Exhibit P5-garnishee notice inabeyance, till the appeal is finally heard anddisposed of. 2.The petitioner refers to a judgment ofthe Division Bench of this Court inW.A.No.1536/2019 and connected cases, whereinthe Division Bench had directed disposal of theappeals filed by the Primary Agricultural CreditSocieties without insisting for payment of 20%of the tax assessed.3.Following the Division Bench judgment, Iam inclined to dispose of this writ petitiondirecting the 2[nd] respondent to consider anddecide on Exhibit P3-appeal within a period ofthree months from the date of receipt of a copy of this judgment. 4.In the meanwhile, further proceedingspursuant to Exhibit P4-letter of demand andExhibit P5-garnishee notice shall be kept inabeyance. 5.The learned counsel for the petitioner submits that pursuant to Exhibit P5, the account of the petitioner has already been frozen by the department. 6.In the nature of the directions issued above, the first respondent is directed tode-freeze the account of the petitioner and topermit banking operations till the appeal isfinally disposed. The writ petition is disposed as above. SSK/13/3 Sd/- V.G.ARUNJUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1A TRUE COPY OF THE ASSESSMENT ORDER FOR AY2017-18 DATED 23-12-2019 ISSUED BY THEFIRST RESPONDENT. EXHIBIT P2A TRUE COPY OF THE DEMAND NOTICE U/S 156DATED 23-12-2019 ISSUED BY THE FIRSTRESPONDENT. EXHIBIT P3A TRUE COPY OF THE APPEAL FOR AY 2017-18BEFORE THE 2ND RESPONDENT DATED 30-12-2019.EXHIBIT P4A TRUE COPY OF THE LETTER OF DEMAND FOR 20%OF TAX DATED 03-02-2020 ISSUED BY THE 1STRESPONDENT. RESPONDENT'S EXHIBITS:NIL SSK //TRUE COPY// PA TO JUDGE