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.5292 OF 2020(J) PETITIONER/S: THE MEENACHIL SERVICE CO-OPERATIVE BANK LTD. NO. K 271, EDAMATTOM P.O., KOTTAYAM-686 578, REPRESENTED BYITS SECRETARY. BY ADVS.SRI.SHAJI THOMASSRI.JEN JAISON RESPONDENT/S: 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 Sri. Shaji Thomas, 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 connected cases to contend that the Division Bench directed disposalof 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)/ 3[rd] 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- v. operative Bank Ltd, The Commissioner of Income Tax, Calicut[2019 (2) KHC 287] and to keep in abeyancerecovery 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 PHOTOCOPY OF THE ASSESSMENT ORDER NO.ITBA/AST/S/143(3)/2019-20/1022562560(1) DATED 17.12.2019.ORDER NO.ITBA/AST/S/143(3)/2019-20/1022562560(1) DATED 17.12.2019. EXHIBIT P2TRUE PHOTOCOPY OF THE DEMAND NOTICE NO.ITBA/AST/S/156/2019-20/1022562606(1) DATED 17.12.2019 ISSUED BY THE 2ND RESPONDENT.NO.ITBA/AST/S/156/2019-20/1022562606(1) DATED 17.12.2019 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3TRUE PHOTOCOPY OF THE APPEAL IN FORM35 FILED BY THE PETITIONER DATED 29.1.2020 FOR THE YEAR 2017-18 BEFORE THE 3RD RESPONDENT.35 FILED BY THE PETITIONER DATED 29.1.2020 FOR THE YEAR 2017-18 BEFORE THE 3RD RESPONDENT. EXHIBIT P4TRUE PHOTOCOPY OF THE APPLICATION FOR STAY DATED 4.2.2020 FILED BY THEPETITIONER BEFORE THE 3RD RESPONDENT.FOR STAY DATED 4.2.2020 FILED BY THEPETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P5TRUE PHOTOCOPY OF THE JUDGMENT DATED1.7.2019 IN W.A.NO.1529/2019 OF THISHON'BLE COURT1.7.2019 IN W.A.NO.1529/2019 OF THISHON'BLE COURT