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 WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941WP(C).No.5493 OF 2020(J) PETITIONER/S: THE MATHRA SERVICE CO-OPERATIVE BANK LTD. NO. 314,REPRESENTED BY ITS SECRETARY, MATHRA P.O., PUNALUR (VIA), KOLLAM DISTRICT-691 333. BY ADVS.SRI.T.R.HARIKUMARSRI.ARJUN RAGHAVAN RESPONDENT/S: 1THE INCOME TAX OFFICER,WARD-2, OFFICE OF THE INCOME TAX OFFICER, AAYAKAR BHAVAN, KARBALA JUNCTION, KOLLAM, PIN-691 001.WARD-2, OFFICE OF THE INCOME TAX OFFICER, AAYAKAR BHAVAN, KARBALA JUNCTION, KOLLAM, PIN-691 001. 2THE COMMISSIONER OF INCOME TAX (APPEALS),AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN-695 003.AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN-695 003. BY SC SRI.CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON26.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 26th day of February 2020 Heard Sri. T.R.Harikumar, the learned counsel for the petitioner and Sri. Christopher Abraham, the learnedStanding Counsel 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 disposal of appeal and granted stay of recoveryproceedings during the 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 of2019, hence can be followed. Hence, the writ petition is disposed of directing the Commissioner of Income Tax (Appeals)/ 2[nd] respondentto consider and dispose of the statutory appeal filed bythe petitioner herein at the earliest taking note of theFull Bench 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 P1A TRUE COPY OF THE ASSESSMENT ORDERFOR THE YEAR 2017-2018 DATED 6.12.2019. EXHIBIT P2A TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 156 OF THE INCOME TAXACT DATED 6.12.2019. EXHIBIT P3A TRUE COPY OF THE ONLINE APEAL DATED 25.12.2019 ALONG WITH GROUNDSOF APPEAL, FILED BEFORE THE 2ND RESPONDENT, AGAINST EXT.P1 ASSESSMENT ORDER. EXHIBIT P4A TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER IN EXT.P3 APPEAL SUBMITTED ON 14.1.2020.FILED BY THE PETITIONER IN EXT.P3 APPEAL SUBMITTED ON 14.1.2020. EXHIBIT P5A TRUE COPY OF THE JUDGMETN DATED 19.7.2019 IN W.A.NO.1639 OF 2019.19.7.2019 IN W.A.NO.1639 OF 2019. EXHIBIT P6 A TRUE COPY OF THE JUDGMENT DATED 17.2.2020 IN WPC NO.4433 OF 2020.17.2.2020 IN WPC NO.4433 OF 2020.