Wp(C)/8202/2020 Of Varpuzha 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 TUESDAY, THE 17TH DAY OF MARCH 2020 / 27TH PHALGUNA, 1941WP(C).No.8202 OF 2020(A) PETITIONER: VARPUZHA SERVICE CO-OPERATIVE BANK LTDVARAPUZHA, ERNAKULAM 683517 REPRESENTED BY ITS SECRETARY SMT. RUXANA BAI S. BY ADVS.SRI.T.M.SREEDHARAN (SR.)SMT.NISHA JOHNSRI.V.P.NARAYANAN RESPONDENT/S: 1THE INCOME TAX OFFICERWARD 3, K.A.P COMMERCIAL COMPLEX, O/O ADDL. CIT ALUVA RANGE, R.S ROAD, ALUVA 683101 2THE COMMISSIONERE OF INCOME TAX (APPEALS)-IIPOORNIMA BUILDING, NEAR MANORAMA JUNCTION, COCHIN 682 036 SRI CHRISTOPHER ABRAHAM SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON17.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 17th day of March 2020 Petitioner has approached this Court seeking a direction todispose of Ext.P2 appeal preferred before the secondrespondent/Commissioner of Income Tax (Appeals) againstthe assessment order Ext.P1. 2.Having heard the learned counsel on both sides,the writ petition is disposed of with a direction to thesecond respondent to take a decision onExt.P2 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. dlk/17.03.2020 Sd/- AMIT RAWAL APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 31-12-2019 FOR AY-2017-18 ALONG WITH DEMAND NOTICE AND COMPUTATION STATEMENTPASSED BY THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 21-01-2020 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR AY-2017-18 EXHIBIT P3 TRUE COPY OF THE STAY PETITION DATED 12-03-2020 FILED BY THE PETITIONER FOR AY-2017-18 BEFORE THE 2ND RESPONDENT