Wp(C)/7760/2020 Of The Paravur Service Co-Operative Bank Ltd v. The Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 16TH DAY OF MARCH 2020 / 26TH PHALGUNA, 1941 WP(C).No.7760 OF 2020(T) PETITIONER/S: THE PARAVUR SERVICE CO-OPERATIVE BANK LTD.NO.1801REPRESENTED BY ITS SECRETARY, PARAVUR P O, KOLLAM DISTRICT, PIN-691301. BY ADVS.SRI.T.R.HARIKUMARSRI.ARJUN RAGHAVAN RESPONDENT/S: 1THE INCOME TAX OFFICER,WARD -2, OFFICE OF THE INCOME TAX OFFICER, KOLLAM RANGE, AAYAKAR BHAVAN, KARBALA JUNCTION, KOLLAM, PIN-691001.WARD -2, OFFICE OF THE INCOME TAX OFFICER, KOLLAM RANGE, AAYAKAR BHAVAN, KARBALA JUNCTION, KOLLAM, PIN-691001. 2THE COMMISSIONER OF INCOME TAX(APPEALS)AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM-PIN-695003.AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM-PIN-695003.3THE KERALA STATE CO-OPERATIVE BANK(FORMERLY KNOWN AS KOLLAM DISTRICT CO-OPERATIVE BANK), HEAD OFFICE, KOLLAM DISTRICT-PIN-691001, REPRESENTED BY ITS GENERAL MANAGER.(FORMERLY KNOWN AS KOLLAM DISTRICT CO-OPERATIVE BANK), HEAD OFFICE, KOLLAM DISTRICT-PIN-691001, REPRESENTED BY ITS GENERAL MANAGER. OTHER PRESENT: SRI CHRISTOPHER ABRAHAM SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON16.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SM JUDGMENT Dated this the 16th day of March 2020 Petitioner has approached this Court seeking adirection to dispose of Ext.P3 appeal preferred before thethird respondent/Commissioner of Income Tax (Appeals)against the assessment order Ext.P1. 2.Having heard the learned counsel on both sides,the writ petition is disposed of with a direction to the thirdrespondent to take a decision on Ext.P3 appeal inaccordance with law, after affording an opportunity ofhearing to the petitioner, within a period of three monthsfrom the date of receipt of a copy of this judgment withoutinsisting on payment of 20% of the tax demanded, as percircular of 2017. Till such time a decision is taken on theappeal, recovery proceedings pursuant to the assessmentorder shall be kept in abeyance. Sd/- AMIT RAWALJUDGE WP(C).No.7760 OF 2020 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1A TRUE COPY OF THE ASSESSMENT ORDER FOR THEYEAR 2017-2018 DATED 29.11.2019.EXHIBIT P2A TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 156 OF THE INCOME TAX ACT DATED 29.11.2019.EXHIBIT P3A TRUE COPY OF THE ONLINE APPEAL DATED 04.12.2019 , FILED AGAINST EXT P1 ASSESSMENT ORDER, BEFORE THE 2ND RESPONDENT. EXHIBIT P4A TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER IN EXT P3 APPEAL DATED 10.03.2020.EXHIBIT P5A TRUE COPY OF THE JUDGMENT DATED 19.07.2019 IN WA NO. 1639 OF 2019.EXHIBIT P6A TRUE COPY OF THE JUDGMENT DATED 17.02.2020 IN WP(C) NO.4433 OF 2020.