Wp(C)/8396/2020 Of Koyyode Service4 Co-Operative Bank 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.8396 OF 2020(Y) PETITIONER: M/s.KOYYODE SERVICE CO-OPERATIVE BANK C 6408KOYYODE.P.O, KANNUR-670621,REPRESENTED BY ITS SECRETARY SHISNA.T.C. BY ADV. SRI.S.ARUN RAJ RESPONDENTS: 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 The petitioner has approached this Court seeking adirection to consider and dispose of Ext.P2 appeal preferredbefore the third respondent/Commissioner of Income Tax(Appeals) and Ext.P4 stay petition before the firstrespondent/Income Tax Officer against Ext.P1 assessmentorder. Having heard the learned counsel on both sides, this writ petition is disposed of with a direction to the third respondentto take a decision on Ext.P2 appeal, in accordance with law,after affording an opportunity of hearing to the petitioner,within a period of three months from the date of receipt of acopy of this judgment without insisting on payment of 20% ofthe tax demanded, as per circular of 2017. Till such time adecision is taken on the appeal, recovery proceedingspursuant to the assessment order shall be kept in abeyance. Sd/- AMIT RAWAL JUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 12.12.2019 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 BY THGE PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY-2017-18 EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR STAY FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR THE AY 2017-18 EXHIBIT P4 TRUE COPY OF THE ORDER DATED 25.2.2020 PASSED BY THE 1ST RESPONDENT DISPOSING THE STAY PETITION FOR THE AY 2017-18.