Wp(C)/8512/2020 Of The Vellarakkad Service Co-Operative Bank Ltd v. The 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.8512 OF 2020(L) PETITIONER/S: THE VELLARAKKAD SERVICE CO-OPERATIVE BANK LTD NO 154,P.O.VELLARAKKAD, THRISSUR DIST 680 584, REPRESENTED BY ITS SECRETARY BY ADV. SRI.P.C.SASIDHARAN RESPONDENT/S: 1THE COMMISSIONER OF INCOME TAX (APPEALS)AAYAKAR BHAVAN. S.T NAGAR, THRISSUR-680 001.AAYAKAR BHAVAN. S.T NAGAR, THRISSUR-680 001. 2THE INCOME TAX OFFICER, WARD-2, GURUVAYUR, OFFICE OF THE INCOME TAX OFFICER, WEST NADA, GURUVAYOOR-680 101 OTHER PRESENT: SRI JOSE JJOSEPH 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 Exts.P3, P8, P13 and P18 appeals and Exts.P5, P10and P15 and P20 interim applications preferred before the firstrespondent/Commissioner of Income Tax (Appeals) against theassessment orders Exts.P1, P6, P11 and P16. 2.Having heard the learned counsel on both sides, thewrit petition is disposed of with a direction to the firstrespondent to take a decision on appeals, Exts.P3, P8, P13 andP18, in accordance with law, after affording an opportunity ofhearing to the petitioner, within a period of three months fromthe date of receipt 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 orders shall be kept inabeyance. SD/ AMIT RAWAL JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 1.3.2016 ALONG WITH COMPUTATION SHEET EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE DATED 1.3.2016 EXHIBIT P3EXHIBIT P4EXHIBIT P5 TRUE COPY OF THE APPEAL DATED 14.6.2016TRUE COPY OF THE ORDER DATED 19.10.2016TRUE COPY OF THE STAY PETITION DATED 30.11.2016 EXHIBIT P6 TRUE COPY OF ASSESSMENT ORDER DATED 30.11.2017 ALONG WITH COMPUTATION SHEET EXHIBIT P7EXHIBIT P8EXHIBIT P9EXHIBIT P10EXHIBIT P11 TRUE COPY OF THE DEMAND NOTICE DATED 30.11.2017 TRUE COPY OF THE APPEAL DATED 2.1.2018TRUE COPY OF THE ORDER DATED 15.10.2019TRUE COPY OF THE STAY PETITION DATED 16.10.2019 TRUE COPY OF THE ASSESSMENT ORDER DATED 30.11.2017 ALONG WITH COMPUTATION SHEET EXHIBIT P12EXHIBIT P13EXHIBIT P14EXHIBIT P15EXHIBIT P16 TRUE COPY OF THE DEMAND NOTICE DATED 30.11.2017 TRUE COPY OF THE APPEAL DATED 2.1.2018TRUE COPY OF THE ORDER DATED 15.10.2019TRUE COPY OF THE STAY PETITION DATED 16.10.2019 TRUE COPY OF THE ASSESSMENT ORDER DATED 22.11.2019 EXHIBIT P17 TRUE COPY OF THE DEMAND NOTICE DATED 22.11.2019 EXHIBIT P18 TRUE COPY OF THE APPEAL DATED 26.12.2019