The Manakara Service Co-Operative Bank Ltd. v. The Income-tax Officer, Ward No-1, Palakkad
[Citation -2020-LL-0207-35]

Citation 2020-LL-0207-35
Appellant Name The Manakara Service Co-Operative Bank Ltd.
Respondent Name The Income-tax Officer, Ward No-1, Palakkad
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 disposal of appeals • co-operative bank • collection of tax • statutory appeal • stay of recovery • stay petition
Bot Summary: No.3395 OF 2020(Y) 2 JUDGMENT Dated this the 7th day of February, 2020 Heard Harisankar V. Menon, the learned counsel for the petitioner and Sri.Navaneeth N. Nath holding for Sri. Jose Joseph, the learned Standing Counsel for respondents. Petitioner refers to and relies on judgment dated 01.07.2019 in W.A No.1529 of 2019 and connected cases to contend that the Division Bench directed disposal of appeals and granted stay of recovery during the pendency of the appeals. 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. 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 WP(C). No.3395 OF 2020(Y) 3 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.3395 OF 2020(Y) PETITIONER/S: MANAKARA SERVICE CO-OPERATIVE BANK LTD. MANKARA P.O., PALAKKAD-678 643, REPRESENTED BY ITS SECRETARY, P.BABU BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENT/S: 1 INCOME TAX OFFICER INCOME TAX DEPARTMENT, WARD NO.1, PALAKKAD-678 001 2 COMMISSIONER OF INCOME TAX (APPEALS), INCOME TAX DEPARTMENT, THRISSUR-680 001 OTHER PRESENT: SC NAVANEETH N NATH FOR JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.3395 OF 2020(Y) 2 JUDGMENT Dated this 7th day of February, 2020 Heard Harisankar V. Menon, learned counsel for petitioner and Sri.Navaneeth N. Nath holding for Sri. Jose Joseph, learned Standing Counsel for respondents. 2. Petitioner refers to and relies on judgment dated 01.07.2019 in W.A No.1529 of 2019 and connected cases to contend that Division Bench directed disposal of appeals and granted stay of recovery during pendency of appeals. 3. learned Standing Counsel admits that facts of case are substantially same and similar to facts noted by Division Bench in W.A.No.1529/2019, hence can be 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 WP(C).No.3395 OF 2020(Y) 3 collection of tax assessed, pending disposal of such appeal. Sd/- S.V.BHATTI Dxy JUDGE WP(C).No.3395 OF 2020(Y) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY 1ST RESPONDENT EXHIBIT P2 COPY OF APPEAL FILED BY PETITIONER BEFORE 2ND RESPONDENT 2017-18 EXHIBIT P3 COPY OF STAY PETITION FILED BY PETITIONER BEFORE 2ND RESPONDENT Manakara Service Co-Operative Bank Ltd. v. Income-tax Officer, Ward No-1, Palakkad
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