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, 1941 WP(C).No.5531 OF 2020(N) PETITIONER/S: CHATHANNOOR SERVICE CO-OPERATIVE BANK LTD NO.2544,CHATHANNOOR P. O., KOLLAM - 691 572, REPRESENTED BY ITS SECRETARY G. RAJENDRA PRASAD. BY ADVS.DR.K.P.PRADEEPSMT.T.THASMI RESPONDENT/S: 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. K.P.Pradeep, 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 directeddisposal 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)/ 3[rd] 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 WP(C).No.5531 OF 2020 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1TRUE COPY OF THE ASSESSMENT ORDER NO.ITBA/AST/S/143(3)/2019-20/1020773203(1) DATED 20.11.2019 ISSUED FOR THE YEAR 2017-18 BY THE 2ND RESPONDENT. EXHIBIT P2TRUE COPY OF THE APPEAL DATED 12.12.2019 FILED BEFORE THE 3RD RESPONDENT FOR THE ASSESSMENT YEAR 2017-18. EXHIBIT P3TRUE COPY OF THE DEMAND NOTICE NO.ITBA/AST/S/156/2019-20/1020773401(1) DATED 20.11.2019 FOR THE YEAR 2017-18 ISSUED BY THE 2ND RESPONDENT. FOR THE YEAR 2017-18 ISSUED BY THE EXHIBIT P4TRUE COPY OF THE STAY APPLICATION FILED ON 20.2.2020 BEFORE THE 3RD RESPONDENT IN EXT. P2 APPEAL.