Wp(C) v. Operative Bank Ltd, The Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI TUESDAY, THE 25TH DAY OF FEBRUARY 2020 / 6TH PHALGUNA, 1941 WP(C).No.5276 OF 2020(H) PETITIONER/S: CHERPALCHERI SERVICE CO-OP BANK LTD,CHERPULASSERI POST, CHERPULASSERY, PALAKKAD-679503, REPRESENTED BY ITS SECRETARY, SMT.M.PREMALATHA. BY ADVS.SRI.T.M.SREEDHARAN (SR.)SMT.NISHA JOHNSRI.V.P.NARAYANAN RESPONDENT/S: 1THE INCOME TAX OFFICER,WARD-3, PALAKKAD-678014. 2THE COMMISSIONER OF INCOME TAX (APPEALS),AAYAKAR BHAWAN, SAKTHAN THAMPURAN NAGAR, THRISSUR-680001. BY SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON25.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 25th day of February 2020 Heard Adv. Nisha John, the learned counsel for the petitioner and Sri. Jose Joseph, the learned StandingCounsel for respondents. 2. Petitioner refers to and relies on judgment dated 01.07.2019 in W.A No.1536 of 2019 and connectedcases to contend that the Division Bench directed disposal of appeal and granted stay of recovery proceedings duringthe pendency of the appeal. 3. The learned Standing Counsel admits that the facts of the case are substantially same and similar to thefacts noted by the Division Bench in W.A. No.1536 of 2019,hence can be followed. Hence, the writ petition is disposed of directing theCommissioner of Income Tax (Appeals)/ 2[nd] respondent toconsider and dispose of the statutory appeal filed by thepetitioner herein at the earliest taking note of the FullBench decision reported in The Mavilayi Service Co- WP(C).No.5276 OF 2020 3 v. operative Bank Ltd, The Commissioner of Income Tax, Calicut[2019 (2) KHC 287] and to keep in abeyance recovery proceedings and collection of tax assessed,pending disposal of such appeal. Sd/- S.V.BHATTI JUDGE uu 27.02.2020 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1TRUE COPY OF ASSESSMENT ORDER DATED 19.12.2019 FOR AY-2017-18 ALONG WITHDEMAND NOTICE AND COMPUTATION STATEMENT PASSED BY THE 1ST RESPONDENT. EXHIBIT P2TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 12.01.2020 FILED BY THEPETITIONER BEFORE THE 2ND RESPONDENTFOR AY-2017-18. EXHIBIT P3TRUE COPY OF THE STAY PETITION DATED18.2.2020 FILED BY THE PETITIONER FOR AY-2017-18 BEFORE THE 2ND RESPONDENT. EXHIBIT P4TRUE COPY OF THE APPLICATION DATED 18.2.2010 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT U/S 220(6).