Wp(C) v. Mavilayi Service Co-Operative Bank Ltd, The Commissioner Of

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941WP(C).No.5936 OF 2020(N) PETITIONER: M/S.KARAKULAM SERVICE CO-OPERATIVE BANK LTD.,KP-1/382, KARAKULAM.P.O., NEDUMANGAD, TRIVANDRUM-695564, REPRESENTED BY ITS SECRETARY, SHRI K.PADMAKUMAR. BY ADVS.SRI.T.M.SREEDHARAN (SR.)SRI.V.P.NARAYANANSMT.DIVYA RAVINDRAN RESPONDENTS: 1THE INCOME TAX OFFICER,WARD 2(3), AAYAKKAR BHAVAN, THIRUVANANTHAPURAM - 695003. 2THE COMMISSIONER OF INCOME TAX (APPEALS),AYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM-695003. SRI. JOSE JOSEPH, SC SRI. CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON28.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 28th day of February, 2020 Heard Sri. V.P.Narayanan, the learned counsel for thepetitioner and Sri. Jose Joseph, the learned Standing Counsel forrespondents. 2.Petitioner refers to and relies on judgment dated01.07.2019 in W.A No.1536 of 2019 and connected cases to contend that the Division Bench directed disposal of appeal and granted stayof recovery proceedings during the pendency of the appeal. 3.The learned Standing Counsel admits that the facts of thecase are substantially same and similar to the facts noted by theDivision 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)/ 2[nd] respondent to considerand dispose of the statutory appeal filed by the petitioner herein atthe earliest taking note of the Full Bench decision reported in The WP(C).No.5936 OF 2020(N) v. Mavilayi Service Co-operative Bank Ltd, The Commissioner of Income Tax, Calicut[2019 (2) KHC 287] and to keep in abeyancerecovery proceedings and collection of tax assessed, pendingdisposal of such appeal. Sd/- S.V. BHATTI JUDGE SR APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1TRUE COPY OF THE ASSESSMENT ORDER AND DEMAND NOTICE DATED 16.12.2019 ALONG WITH COMPUTATION OF INCOME ALONG WITH DEMAND OF INCOME TAX FOR AY 2017-18 BY THE 1ST RESPONDENT. EXHIBIT P2TRUE COPY OF THE MEMORANDUM OF APPEAL E-FILED DATED 21.1.2020 FOR THE ASSESSMENT YEAR 2017-18 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P3TRUE COPY OF THE STAY PETITION DATED 15.1.2020 FILED BY THE PETITIONER FOR AY-2017-18 BEFORE THE 2ND RESPONDENT. SR //True copy// PA to Judge