Wp(C)/8470/2020 Of Arackal Service Co Operative Bank v. Commissioner Of Income Tax (Appeals)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 WP(C).No.8470 OF 2020(G) PETITIONER/S: ARACKAL SERVICE CO OPERATIVE BANKARACKAL, EDAYAM P.O, KOLLAM 691 532, REPRESENTED BYITS SECRETARY BY ADVS.SRI.R.SUNIL KUMARSMT.A.SALINI LAL RESPONDENT/S: 1COMMISSIONER OF INCOME TAX (APPEALS)AAYYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM 695 0032INCOME TAX OFFICER,WARD-1 AND TPS, AAYAKAR BHAVAN, NEAR KARBALA JUNCTION, RAILWAY STATION ROAD, KOLLAM 691 001 SRI CHRISTOPHER ABRAHAM SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON18.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Petitioner has approached this Court seeking a direction todispose of Ext.P2 appeal preferred before the 1[st]respondent/Commissioner of Income Tax (Appeals) against theassessment order, Exts.P1. 2.Having heard the learned counsel on both sides, thewrit petition is disposed of with a direction to the 1[st] respondentto take a decision on Ext.P2 appeal in accordance with law, afteraffording an opportunity of hearing to the petitioner, within aperiod of three months from the date of receipt of a copy of thisjudgment without insisting on payment of 20% of the taxdemanded, as per circular of 2017. Till such time a decision istaken on the appeal, recovery proceedings pursuant to theassessment orders shall be kept in abeyance. Sd/ AMIT RAWAL JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2017-18 EXHIBIT P2 TRUE COPY OF THE APPEAL IN FORM NUMBER 35 FOR THE ASSESSMENT YEAR 2017-18 EXHIBIT P3 TRUE COPY OF THE STAY PETITION PREFERRED ALONG WITH EXHIBIT P2 EXHIBIT P4 TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 156 OF THE INCOME TAX ACT DATED 19/12/2019 EXHIBIT P5 TRUE COPY OF THE STAY ORDER ISSUED BY THE FIRST RESPONDENT IN FAVOUR OF PETITIONER INTHE APPEAL PREFERRED FOR THE ASSESSMENT YEAR 2011-12, 2012-13, 2013-14, 2015-16 AND2016-17.