Wp(C)/8687/2020 Of The Thiroor 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 THURSDAY, THE 11TH DAY OF JUNE 2020 / 21ST JYAISHTA, 1942 WP(C).No.8687 OF 2020(I) PETITIONER/S: THE THIROOR SERVICE CO-OPERATIVE BANK LTD NO. 4140THIROOR, MULANKUNNATHUKAVU P.O. THRISSUR 680 581, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT/S: 1THE COMMISSIONER OF INCOME TAX (APPEALS)AAYAKAR BHAVAN, S.T. NAGR, THRISSUR 680 001. 2THE INCOME TAX OFFICER,WARD 2, THRISSUR , OFFICE OF THE INCOME TAX OFFICER, WEST NADA, GURUVAYOOR THRISSUR 680 101. OTHER PRESENT: SRI JOSE JOSEPH SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON11.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The petitioner, a primary agricultural credit societyapproached this Court seeking a direction to dispose of Exts.P3,P7 and P12 appeals and Exts.P4, P9 and P13 interim applicationspreferred before the first respondent/Commissioner of IncomeTax (Appeals) against the assessment orders Exts.P1, P5 & P10.Petitioner also challenges Exts.P2, P6 and P11 notices andExt.P8 order. The petitioner is an assessee on the file of the 2[nd] respondent for the assessment years 2012-2013, 2016-2017 and2017-2018 . Second respondent completed assessment towardstax interest, penal interest and other heads. The grievance of thepetitioner is that neither the appeals nor stay petitions havebeen considered by the respondents. Petitioner relies on theDivision Bench judgment of this Court in writ appealNo.1536/2019 directing to grant absolute stay of the recovery. 2.Having heard the learned counsel on both sides, thewrit petition is disposed of with a direction to the thirdrespondent to take a decision on Exts.P3, P7 and P12 appeals in accordance with law, after affording an opportunity of hearing tothe petitioner, within a period of three months from the date ofreceipt of a copy of this judgment without insisting on paymentof 20% of the tax demanded, as per circular of 2017. Till suchtime a decision is taken on the appeal, recovery proceedingspursuant to the assessment orders shall be kept in abeyance. Jm/ Sd/- AMIT RAWALJUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 14/12/2018 ALONG WITH THE COMPUTATION SHEET.SHEET. EXHIBIT P2TRUE COPY OF THE DEMAND NOTICE DATED 14/12/2018.14/12/2018. EXHIBIT P3TRUE COPY OF THE APPEAL DATED 16/1/2019.EXHIBIT P4TRUE COPY OF THE STAY PETITION DATED 16/1/2019.EXHIBIT P4TRUE COPY OF THE STAY PETITION DATED 16/1/2019. EXHIBIT P5TRUE COPY OF THE ASSESSMENT ORDER DATED 15/11/2019.15/11/2019. EXHIBIT P6TRUE COPY OF THE DEMAND NOTICE DATED 15/11/2019.15/11/2019. EXHIBIT P7TRUE COPY OF THE APPEAL DATED 12/12/2019. EXHIBIT P8TRUE COPY OF THE ORDER DATED 6/1/2020.EXHIBIT P9TRUE COPY OF THE STAY PETITION DATED 17/1/2020.EXHIBIT P9TRUE COPY OF THE STAY PETITION DATED 17/1/2020. EXHIBIT P10TRUE COPY OF THE ASSESSMENT ORDER DATED 18/11/2019.18/11/2019. EXHIBIT P11TRUE COPY OF THE DEMAND NOTICE DATED 18/11/2019.18/11/2019. EXHIBIT P12TRUE COPY OF THE APPEAL DATED 27/12/2019. EXHIBIT P13TRUE COPY OF THE STAY PETITION DATED 27.12.2019.27.12.2019. EXHIBIT P14TRUE COPY OF THE JUDGMENT DATED 1/7/2019 INW.A. NO. 1536 OF 2019.W.A. NO. 1536 OF 2019.