Wp(C)/8028/2020 Of The Thirupuram Service Co-Operative Bank Ltd v. The Income Tax Officer, Wadrd - 2 (2)

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.8028 OF 2020(C) PETITIONER: THE THIRUPURAM SERVICE CO-OPERATIVE BANK LTD. NO.3296REPRESENTED BY ITS SECRETARY-IN-CHARGE, THIRUPURAM P.O., THIRUVANANTHAPURAM DISTRICT-695 133. BY ADVS.SRI.T.R.HARIKUMARSRI.ARJUN RAGHAVAN RESPONDENTS: 1THE INCOME TAX OFFICER, WADRD - 2 (2)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.AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM-695 003. 3THE GENERAL MANAGER THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, HEAD OFFICE, EAST FORT, THIRUVANANTHAPURAM, PIN-695 001. 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 stay petitionpreferred before the second respondent/Commissioner ofIncome Tax (Appeals) against Ext.P1 assessment order. 2. 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, in accordancewith law, after affording an opportunity of hearing to thepetitioner, within a period of three months from the date ofreceipt of a copy of this judgment without insisting onpayment of 20% of the tax demanded, as per circular of 2017.Till such time a decision is taken on the appeal, recoveryproceedings pursuant to the assessment order shall be kept inabeyance. Sd/- AMIT RAWAL JUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2011-2012 DATED 13.12.2017.THE YEAR 2011-2012 DATED 13.12.2017. EXHIBIT P2 A TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 156 OF THE INCOME TAX ACT DATED 13.12.2017.SECTION 156 OF THE INCOME TAX ACT DATED 13.12.2017. EXHIBIT P3 A TRUE COPY OF THE ONLINE APPEAL DATED 22.12.2017, FILED AGAINST EXT-P1 ASSESSMENT ORDER, BEFORE THE 2ND RESPONDENT.22.12.2017, FILED AGAINST EXT-P1 ASSESSMENT ORDER, BEFORE THE 2ND RESPONDENT. EXHIBIT P4A TRUE COPY OF THE STAY PETITION FILED BYTHE PETITIONER IN EXT-P3 APPEAL DATED 20.2.2020.THE PETITIONER IN EXT-P3 APPEAL DATED 20.2.2020. EXHIBIT P5A TRUE COPY OF THE JUDGMENT DATED 19.7.2019 IN W.A.NO.1639 OF 2019.19.7.2019 IN W.A.NO.1639 OF 2019. EXHIBIT P6A TRUE COPY OF THE JUDGMENT DATED 17.2.2020 IN WP(C) NO.4433 OF 2020.17.2.2020 IN WP(C) NO.4433 OF 2020.