Wp(C)/7899/2020 Of Pazhayannur Farmers Service Co-Operative Bank Ltd v. Income Tax Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941WP(C).No.7899 OF 2020(J) PETITIONER/S: PAZHAYANNUR FARMERS SERVICE CO-OPERATIVE BANK LTD NO.71,PAZHAYANNUR.P.O., THRISSUR-680587, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADVS.SRI.C.A.JOJOSRI.MATHEWS JOSEPH RESPONDENT/S: 1INCOME TAX OFFICER,WARD-2(4), RANGE-2, AYANKAR BHAVAN, SHAKTHANTHAMPURAN NAGAR, PIN-680001, THRISSUR DISTRICT. 2COMMISSIONER OF INCOME TAX (APPEALS),OFFICE OF THE COMMISSIONER OF INCOME TAX, THRISSUR H.P.P.O, PIN-680001. OTHER PRESENT: SC JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON13.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.G.ARUN, J. ----------------------------------------------- W.P(C).No. 7899 of 2020 ----------------------------------------------- Dated this the 13[th] day of March, 2020 JUDGMENT As against Exhibit P1 assessment order, the petitioner has preferred Exhibit P3 appeal. Pending consideration of the appeal, thepetitioner has been served with Exhibit P4 demanding remittance of20% of the tax assessed. The prayer in the writ petition is forexpeditious consideration of the appeal and to defer the recoveryproceedings based on the assessment order till the appeal is decided. 2. Heard the learned Standing Counsel for the Income-taxDepartment also. 3. Considering the limited relief sought, the writ petition isdisposed of directing Exhibit P3 appeal to be considered asexpeditiously as possible. Till the appeal is decided as directed above,there shall not be any recovery on the basis of Exhibit P1 assessmentorder and there shall not be any insistence to remit the 20% asdemanded in Exhibit P4. vgs16.3 Sd/- V.G.ARUN, JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER FOR AY 2012-13 DATED 11.12.2019 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P2 A TRUE COPY OF THE DEMAND NOTICE U/S.156 DATED 11.12.2019 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE APPEAL FOR AY 2012-13 DATED 24.2.2020 BEFORE THE 2ND RESPONDENT. EXHIBIT P4A TRUE COPY OF THE NOTICE ISSUED BY THE 1STRESPONDENT DATED 9.3.2020 FOR 20% OF TAX.