The Mangalam Service Co-Operative Bank Limited v. The Commissioner of Income-tax (Appeals), Kozhikode / The Income-tax Officer, Ward-I And TPS, Tirur
[Citation -2020-LL-0207-71]

Citation 2020-LL-0207-71
Appellant Name The Mangalam Service Co-Operative Bank Limited
Respondent Name The Commissioner of Income-tax (Appeals), Kozhikode / The Income-tax Officer, Ward-I And TPS, Tirur
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 07/02/2020
Assessment Year 2015-16, 2016-17, 2017-18
Judgment View Judgment
Keyword Tags collection of tax • stay of recovery • disposal of appeals • statutory appeal
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 followed. W.P.(C) No. 3476/2020 -3- Hence, the writ petition is disposed of directing the Commissioner of Income Tax/ 1 st respondent to consider and dispose of the statutory appeals 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 appeals.


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.3476 OF 2020(H) PETITIONER/S: MANGALAM SERVICE CO-OPERATIVE BANK LIMITED NO.9701, MANGALAM P O, MALAPPURAM DISTRICT-676561, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.O.D.SIVADAS RESPONDENT/S: 1 COMMISSIONER OF INCOME TAX (APPEALS) AYAKAR BHAVAN, KOZHIKODE, PIN-673001. 2 INCOME TAX OFFICER, WARD I AND TPS, TIRUR, MALAPPURAM DISTRICT, PIN-676001. OTHER PRESENT: JOS WINSON FOR CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2020, COURT ON SAME DAY DELIVERED FOLLOWING: W.P.(C) No. 3476/2020 -2- JUDGMENT Dated this 7th day of February 2020 Heard Advocate O.D.Sivadas, 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 followed. W.P.(C) No. 3476/2020 -3- Hence, writ petition is disposed of directing Commissioner of Income Tax (Appeals)/ 1 st respondent to consider and dispose of statutory appeals 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 appeals. Sd/- S.V.BHATTI JUDGE jjj W.P.(C) No. 3476/2020 -4- APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY 2ND FOR PERIOD 2015-16 DATED 22.12.2017. EXHIBIT P2 COPY OF ASSESSMENT ORDER ISSUED BY 2ND FOR PERIOD 20116-17 DATED 16.10.2017. EXHIBIT P3 COPY OF ASSESSMENT ORDER ISSUED BY 2ND FOR PERIOD 2017-18 DATED 19.12.2019. EXHIBIT P4 COPY OF APPEAL MEMORANDUM DATED 21.01.2018 FILED BY PETITIONER BEFORE 1ST RESPONDENT FOR PERIOD 2015-16. EXHIBIT P5 COPY OF APPEAL MEMORANDUM DATED 16.01.2019 FILED BY PETITIONER BEFORE 1ST RESPONDENT FOR PERIOD 2016-17. EXHIBIT P6 COPY OF APPEAL MEMORANDUM DATED 17.01.2020 FILED BY PETITIONER BEFORE 1ST RESPONDENT FOR PERIOD 2017-18. EXHIBIT P7 COPY OF ORDER ISSUED BY 1ST RESPONDENT IN PETITION FOR PERIOD 2015-16 DATED 28.01.2020. EXHIBIT P8 COPY OF ORDER ISSUED BY 1ST RESPONDENT IN PETITION FOR PERIOD 2016-17 DATED 28.01.2020. EXHIBIT P9 COPY OF PROCEEDING OF 2ND RESPONDENT FOR REALIZATION OF TAX FOR PERIOD 2018-2019 DATED 30.01.2020. Mangalam Service Co-Operative Bank Limited v. Commissioner of Income-tax (Appeals), Kozhikode / Income-tax Officer, Ward-I And TPS, Tirur
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