Wp(C)/7989/2020 Of Pattanakkad Service Co-Operative Bank Limited v. Commissioner Of Income Tax (Appeals)

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.7989 OF 2020(W) PETITIONER: PATTANAKKAD SERVICE CO-OPERATIVE BANK LIMITEDREPRESENTED BY ITS SECRETARY, PATTANAKAD P.O., CHERTHALA, ALAPPUZHA-690531. BY ADVS.SRI.V.G.ARUN (K/795/2004)SMT.V.JAYA RAGISRI.R.HARIKRISHNAN (KAMBISSERIL)SRI.NEERAJ NARAYAN RESPONDENTS: 1COMMISSIONER OF INCOME TAX (APPEALS)BAKER HILLS, KOTTAYAM-686002. 2INCOME TAX OFFICER,A.N.PURAM, ALAPPUZHA-688011. WARD 5, ALAPPUZHA, ARATTUKULANKARA COMPLEX, SRI JOSE JOSEPH SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON16.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The petitioner has approached this Court seeking a direction to dispose of Ext.P3 appeal and Ext.P5 staypetition preferred before the first respondent/Commissioner of Income Tax (Appeals) against Ext.P2assessment order. 2. Having heard the learned counsel on both sides, this writ petition is disposed of with a direction to the firstrespondent 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 RAWAL JUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE PHOTOCOPY OF THE RETURN OF INCOME DATED 30.03.2018 FOR THE ASSESSMENT YEAR 2017-18. EXHIBIT P2 A TRUE PHOTOCOPY OF THE ASSESSMENT ORDER DATED 26.12.2019 ALONG WITH THE DEMAND NOTICE ISSUED UNDER SECTION 156 OF THE INCOME TAX ACT DATED 26.12.2019 ISSUED FOR THE YEAR 2017-18 BY THE 2ND RESPONDENT. EXHIBIT P3 A TRUE PHOTOCOPY OF THE APPEAL DATED 23.01.2020 FILED FOR THE YEAR 2017-18 BEFORE THE 1ST RESPONDENT. EXHIBIT P4 A TRUE PHOTOCOPY OF THE ORDER DATED 06.02.2020 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P5 A TRUE PHOTOCOPY OF THE APPLICATION FORSTAY DATED 10.02.2020 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.