Wp(C)/8306/2020 Of Kanhirode 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.8306 OF 2020(K) PETITIONER: KANHIRODE SERVICE CO-OPERATIVE BANK LTDKANHORODE P.O.KANNUR-670 592, REPRESENTED BY ITS SECRETARY PRADEEPAN K. BY ADV. SRI.S.ARUN RAJ RESPONDENTS: 1THE INCOME TAX OFFICERWARD-1 AND TPS, AAYAKAR BHAVAN, KANNUR-670 006.WARD-1 AND TPS, AAYAKAR BHAVAN, KANNUR-670 006. 2THE PRINCIPAL COMMISSIONER OF INCOME TAX,AAYAKAR BHAVAN, NORTH BLOCK, MANANCHIRA, KOZHIKODE-673 001.AAYAKAR BHAVAN, NORTH BLOCK, MANANCHIRA, KOZHIKODE-673 001. 3THE COMMISSIONER OF INCOME TAX (APPEALS),AAYAKAR BHAVAN, MANANCHIRA, KOZHIKODE-673 001.AAYAKAR BHAVAN, MANANCHIRA, KOZHIKODE-673 001. OTHER PRESENT: 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: WP(C).No.8306 OF 2020 JUDGMENT Petitioner has approached this Court seeking adirection to dispose of Ext.P2 appeal preferred before thethird respondent/Commissioner of Income Tax (Appeals)against the assessment order Ext.P1. 2. Having heard the learned counsel on both sides, the writ petition is disposed of with a direction to thethird respondent to take a decision on Ext.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 judgmentwithout insisting on payment of 20% of the tax demanded,as per circular of 2017. Till such time a decision is takenon the appeal, recovery proceedings pursuant to theassessment order shall be kept in abeyance. Sd/- AMIT RAWAL JUDGE vv APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 31.12.2015 PASSED BY THE 1ST RESPONDENT UNDER SECTION 143 (3) OF THE ACT FOR THE AY 2017-18 EXHIBIT P2 TRUE COPY OF THE FIRST APPEAL FILED BYTHE PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY 2017-18 EXHIBIT P3 TRUE COPY OF THE APPLICATION OF STAY FILED BY THE PETITIONER BEFORE THE 1STRESPONDENT FOR THE AY 2017-18 EXHIBIT P4 TRUE COPY OF THE ORDER DATED 26.2.2020PASSED BY THE 1ST RESPONDENT DISPOSINGTHE STAY PETITION FOR THE AY 2017-18 //TRUE COPY//PA TO JUDGE