Mugu Service Co-Operative Bank Ltd. v. The Income-tax Officer Ward-1 And TPS, Kasaragod / The Commissioner of Income-tax (Appeals)-II, Kozhikode
[Citation -2020-LL-0207-32]

Citation 2020-LL-0207-32
Appellant Name Mugu Service Co-Operative Bank Ltd.
Respondent Name The Income-tax Officer Ward-1 And TPS, Kasaragod / The Commissioner of Income-tax (Appeals)-II, Kozhikode
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 07/02/2020
Assessment Year 2017-18
Judgment View Judgment
Keyword Tags co-operative bank • collection of tax • statutory appeal • stay of recovery • demand notice • stay petition
Bot Summary: 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. 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 W.P.(C) No.3462/2020 -3- followed. The writ petition is disposed of directing the Commissioner of Income Tax/ 2 nd 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 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 FRIDAY, 07TH DAY OF FEBRUARY 2020 / 18TH MAGHA, 1941 WP(C).No.3462 OF 2020(G) PETITIONER/S: M/S.MUGU SERVICE CO-OPERATIVE BANK LTD., MUGU P.O., PUTHIGE, (VIA) KUMBLA, KASARAGOD-671321, REPRESENTED BY ITS SECRETARY-IN-CHARGE SHRI,SANJEEVA RAI. BY ADV. SRI.V.P.NARAYANAN RESPONDENT/S: 1 INCOME TAX OFFICER WARD-1 AND TPS, KASARAGOD-671123. 2 COMMISSIONER OF INCOME TAX (APPEALS)-II, AYYAKKAR BHAVAN, NORTH BLOCK, MANANCHIRA, KOZHIKODE-673001. OTHER PRESENT: JOS WINSON FOR CHRISTOPHER ABRAHAM,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2020, COURT ON SAME DAY DELIVERED FOLLOWING: W.P.(C) No.3462/2020 -2- JUDGMENT Dated this 7th day of February 2020 Heard Advocate Nisha John, Counsel for petitioner and Advocate Jose Winson holding for Advocate Christopher Abraham, 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 Division Bench directed disposal of appeal and granted 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 W.A. No.1536 of 2019, hence can be W.P.(C) No.3462/2020 -3- followed. Hence, writ petition is disposed of directing Commissioner of Income Tax (Appeals)/ 2 nd respondent to consider and dispose of statutory appeal filed by petitioner herein at 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 jjj W.P.(C) No.3462/2020 -4- APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER ALONG WITH DEMAND NOTICE 13.12.2019 PASSED BY 1ST RESPONDENT FOR AY-2017-18. EXHIBIT P2 TRUE COPY OF MEMORANDUM OF APPEAL DATED 10.01.2020 FILED BY PETITIONER BEFORE 2ND RESPONDENT FOR AY-2017-18. EXHIBIT P3 TRUE COPY OF STAY PETITION DATED 01.01.2020 FILED BY PETITIONER BEFORE 2ND RESPONDENT FOR AY-2017-18. EXHIBIT P4 TRUE COPY OF APPLICATION DATED 10.01.2020 SUBMITTED BY PETITIONER BEFORE 2ND RESPONDENT. Mugu Service Co-Operative Bank Ltd. v. Income-tax Officer Ward-1 And TPS, Kasaragod / Commissioner of Income-tax (Appeals)-II, Kozhikode
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