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, 1941WP(C).No.5293 OF 2020(J) PETITIONER/S: THE NEELOOR SERVICE CO-OPERATIVE BANK LTD.NO.K51, NEELOOR P.O., KOTTAYAM-686 651 REPRESENTED BYITS SECRETARY MR. SHAJIMON P.S. BY ADVS.SRI.A.KUMARSRI.P.J.ANILKUMARSMTG.MINI(1748)SRI.P.S.SREE PRASADSHRI.ABRAHAM JOBSRI.AJAY V.ANAND RESPONDENT/S: 1COMMISSIONER OF INCOME-TAX (APPEALS)PUBLIC LIBRARY BUILDING, SASTRI ROAD, KOTTAYAM-686 001.PUBLIC LIBRARY BUILDING, SASTRI ROAD, KOTTAYAM-686 001. 2INCOME TAX OFFICERWARD 3, INCOME TAX OFFICE, PUBLIC LIBRARY BUILDING, SHASTRI ROAD, KOTTAYAM-686 001.WARD 3, INCOME TAX OFFICE, PUBLIC LIBRARY BUILDING, SHASTRI ROAD, KOTTAYAM-686 001. 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. A.Kumar, 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 disposalof appeal and granted stay of recovery proceedingsduring the pendency of the appeal. 3.The learned Standing Counsel admits that thefacts 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)/ 1[st] 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 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 P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 30.12.2019. EXHIBIT P2 TRUE COPY OF NOTICE OF DEMAND UNDER SECTION 156 DATED 30.12.2019.SECTION 156 DATED 30.12.2019. EXHIBIT P3TRUE COPY OF APPEAL FILED IN FORM 34DATED 31.1.2020.DATED 31.1.2020. EXHIBIT P4TRUE COPY OF STAY APPLICATION DATED 4.2.2020.4.2.2020. EXHIBIT P5TRUE COPY OF THE ORDER OF THE TRIBUNAL DATED 3.9.2018.TRIBUNAL DATED 3.9.2018. EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THE HON'BLE DIVISION BENCH IN WRIT APPEAL 1529/2019 DATED 1.7.2019.