The Mannarkkad Rural Service Co-Opoerative Bank Ltd. v. The Income-tax Officer Ward 4, Palakkad/The Commissioner of Income-tax (Appeals), Thrissur/ The Palakkad District Co-Operative Bank Ltd
[Citation -2019-LL-0819-22]

Citation 2019-LL-0819-22
Appellant Name The Mannarkkad Rural Service Co-Opoerative Bank Ltd.
Respondent Name The Income-tax Officer Ward 4, Palakkad/The Commissioner of Income-tax (Appeals), Thrissur/ The Palakkad District Co-Operative Bank Ltd.
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 19/08/2019
Judgment View Judgment
Keyword Tags collection of tax • stay of recovery • stay petition
Bot Summary: Harisankar V.Menon, the learned counsel for the petitioner and Sri. Jose Joseph, the learned Standing Counsel for respondents. Petitioner refers to and relies on Ext.P5 judgment in W.A No.1536 of 2019 and connected cases dated 01.07.2019 to contend that the Division Bench directed disposal of appeal and also stay of recovery proceedings during the pendency of the appeal. 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 Ext.P5, hence can be followed. The writ petition is disposed of directing the Commissioner of Income Tax/ 2nd respondent to consider and dispose of the subject statutory appeal filed by the petitioner herein at -3- WP(C) NO.22496 OF 2019 the earliest taking note of the Full Bench decision reported in The Mavilayi Service Co-operative Bank Ltd, v. The Commissioner of Income Tax, Calicut 2019 KHC 287 and to keep in abeyance recovery proceedings and collection of tax assessed, pending disposal of such appeal.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR.JUSTICE S.V.BHATTI MONDAY, 19TH DAY OF AUGUST 2019 / 28TH SRAVANA, 1941 WP(C).No.22496 OF 2019 PETITIONER/S: MANNARKKAD RURAL SERVICE CO-OPOERATIVE BANK LTD.NO. P 922, 8/767, MANNARKKAD, PALAKKAD - 678 582, REPRESENTED BY ITS SECRETARY, M. PURUSHOTHAMAN, AGED 52, S/O. MADHAVANA NAIR. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENT/S: 1 INCOME TAX OFFICER WARD 4, AYAKAR BHAVAN, PALAKKAD - 678 014. 2 COMMISSIONER OF INCOME TAX (APPEALS) SAKTHAN NAGAR, THRISSUR - 680 001. 3 PALAKKAD DISTRICT CO-OPERATIVE BANK LTD. HEAD OFFICE, SULTHANPET, PALAKKAD, REPRESENTED BY ITS CHIEF GENERAL MANAGER. SC SRI JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.08.2019, COURT ON SAME DAY DELIVERED FOLLOWING: -2- WP(C) NO.22496 OF 2019 JUDGMENT Heard Sri. Harisankar V.Menon, learned counsel for petitioner and Sri. Jose Joseph, learned Standing Counsel for respondents. 2. Petitioner refers to and relies on Ext.P5 judgment in W.A No.1536 of 2019 and connected cases dated 01.07.2019 to contend that Division Bench directed disposal of appeal and also stay of recovery proceedings during pendency of appeal. 3. learned Standing Counsel admits that facts of case are substantially same and similar to facts noted by Division Bench in Ext.P5, hence can be followed. writ petition is disposed of directing Commissioner of Income Tax (Appeals)/ 2nd respondent to consider and dispose of subject statutory appeal filed by petitioner herein at -3- WP(C) NO.22496 OF 2019 earliest taking note of Full Bench decision reported in Mavilayi Service Co-operative Bank Ltd, v. 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 JS -4- WP(C) NO.22496 OF 2019 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY 1ST RESPONDENT FOR YEAR 2016-17 EXHIBIT P2 COPY OF APPEAL FILED BY PETITIONER BEFORE 2ND RESPONDENT FOR YEAR 2016-17 EXHIBIT P3 COPY OF STAY PETITION FILED BY PETITIONER BEFORE 2ND RESPONDENT FOR YEAR 2016-17 EXHIBIT P4 COPY OF ORDER ISSUED BY 2ND RESPONDENT FOR YEAR 2016-17 EXHIBIT P5 COPY OF JUDGMENT IN WA NO.1529/19 OF THIS HON'BLE COURT. Mannarkkad Rural Service Co-Opoerative Bank Ltd. v. Income-tax Officer Ward 4, Palakkad/The Commissioner of Income-tax (Appeals), Thrissur/ Palakkad District Co-Operative Bank Ltd
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