Kerala High Court
Mutholy Service Co-Operative Bank Ltd vs The Commissioner Of Income Tax ... on 26 February, 2020
Author: S.V.Bhatti
Bench: S.V.Bhatti
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.5513 OF 2020(L)
PETITIONER/S:
MUTHOLY SERVICE CO-OPERATIVE BANK LTD.,
VII/17, THEKKEMMURY, ETTUMANUR ROAD, PULIYANNOOR
P.O., PALA - 686 573, REPRESENTED BY ITS SECRETARY
MR.THOMAS P.T.
BY ADVS.
SRI.A.KUMAR
SRI.P.J.ANILKUMAR
SMTG.MINI(1748)
SRI.P.S.SREE PRASAD
SHRI.ABRAHAM JOB
SRI.AJAY V.ANAND
RESPONDENT/S:
1 THE COMMISSIONER OF INCOME TAX (APPEALS),
KOTTAYAM - 686 001.
2 INCOME TAX OFFICER,
WARD-3, KOTTAYAM - 686 001.
BY SC SRI.JOSE JOSEPH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.5513 OF 2020 2
JUDGMENT
Dated this the 26th day of February 2020 Heard Sri. A.Kumar, the learned counsel for the petitioner and Sri. Jose Joseph, the learned Standing 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 recovery proceedings during the pendency of the appeal.
3. The learned Standing Counsel admits that the facts of the case are substantially same and similar to the facts 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)/ 1 st respondent to consider and dispose of the statutory appeal filed by the petitioner herein at the earliest taking note of the Full Bench decision reported in The WP(C).No.5513 OF 2020 3 Mavilayi Service Co-operative Bank Ltd, v. 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 WP(C).No.5513 OF 2020 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER FOR THE ASSESSMENT YEAR 2017-18 DATED 18/12/2019.
EXHIBIT P2 TRUE COPY OF THE APPEAL MEMORANDUM DATED 24/01/2020.
EXHIBIT P3 TRUE COPY OF THE STAY PETITION DATED 04/02/2020.
EXHIBIT P4 TRUE COPY OF THE DEMAND NOTICE DATED 18/12/2019.
EXHIBIT P5 COPY OF THE JUDGMENT IN WRIT APPEAL 1529/2019 DATED 01/07/2019.