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.5442 OF 2020(E) PETITIONER/S: TVM TALUK CO-OP EMPLOYEES CO-OPERATIVE SOCIETY LTD.NO. T 846, MANACAUD P.O. THIRUVANANTHAPURAM 695 009, REPRESENTED BY ITS SECRETARY. BY ADVS.SRI.C.A.JOJOSMT.SWATHY S. RESPONDENT/S: 1INCOME TAX OFFICER, WARD 2 (1), TRIVANDRUM, THIRUVANANTHAPURAM 695 009. 2COMMISSIONER OF INCOME TAX(APPEALS)-2, OFFICE OF THE COMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAM 695 009.(APPEALS)-2, OFFICE OF THE COMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAM 695 009. JOS WINSON FOR CHRISTOPHER ABRAHAM. 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. C.A.Jojo, the learned counsel for thepetitioner and Sri. Jose Winson holding for Sri.ChristopherAbraham, the learned Standing Counsel for respondents. 2.Petitioner refers to and relies on judgmentdated 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 the Commissioner 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- 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 uu27.02.2020 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE ASSESSMENT ORDER FOR AY 2017-18 DATED 12.12.219 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P2A TRUE COPY OF THE DEMAND NOTICE U/S156 DATED 12.12.2019 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P3A TRUE COPY OF THE APPEAL FOR AY 2017 - 18 BEFORE THE 2ND RESPONDENT DATED 10.01.2020. EXHIBIT P4 A TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 11.02.2020 FOR 20% OF TAX.