Wp(C)/8003/2020 Of The Ottoor 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.8003 OF 2020(A) PETITIONER: THE OTTOOR SERVICE CO-OPERATIVE BANK LTD. NO. 976REPRESENTED BY ITS SECRETARY, CHENNANKODE, VADASSERIKONAM P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT-695 143. BY ADVS.SRI.T.R.HARIKUMARSRI.ARJUN RAGHAVAN RESPONDENTS: 1THE INCOME TAX OFFICERWARD-2(5), OFFICE OF THE INCOME TAX OFFICER, AAYAKAR BHAVAN, KOWDIAR P.O., THIRUVANANTHAPURAM DISTRICT-695 003. 2THE COMMISSIONER OF INCOME TAX (APPEALS)AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM-695 003. 3THE GENERAL MANAGERTHIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, HEAD OFFICE, EAST FORT, THIRUVANANTHAPURAM, PIN-695 001. SRI CHRISTOPHER ABRAHAM SC SRI THOMAS ABRAHAM 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.P4 staypetition preferred before the second respondent/Commissioner of Income Tax (Appeals) against Ext.P1assessment order. Having heard the learned counsel on both sides, the writ petition is disposed of with a direction to the secondrespondent 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 COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2017-2018 DATED 18.12.2019. EXHIBIT P2 A TRUE COPY OF THE NOTICE ISSUED UNDERSECTION 156 OF THE INCOME TAX ACT DATED 18.12.2019. EXHIBIT P3 A TRUE COPY OF THE ONLINE APPEAL DATED26.12.2019, FILED AGAINST EXT.P1 ASSESSMENT ORDER, BEFORE THE 2ND RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE STAY PETITION FILEDBY THE PETITIONER IN EXT-P3 APPEAL DATED 7.1.2020. EXHIBIT P5 A TRUE COPY OF THE JUDGMENT DATED 19.7.2019 IN W.A.NO.1639 OF 2019. EXHIBIT P6 A TRUE COPY OF THE JUDGMENT DATED 17.2.2020 IN WP(C) NO.4433 OF 2020.