The Vazhayoor Service Co-Operative Bank Ltd v. The Commissioner of Income-tax (Appeals), Kozhikode / The Income-tax Officer, Ward-(3), Tirur
[Citation -2020-LL-0207-74]

Citation 2020-LL-0207-74
Appellant Name The Vazhayoor Service Co-Operative Bank Ltd
Respondent Name The Commissioner of Income-tax (Appeals), Kozhikode / The Income-tax Officer, Ward-(3), Tirur
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 07/02/2020
Assessment Year 2015-16
Judgment View Judgment
Keyword Tags collection of tax • stay of recovery • statutory appeal • disposal of appeals
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. 3444/2020 -3- Hence, the writ petition is disposed of directing the Commissioner of Income Tax/ 1 st respondent to consider and dispose of the statutory 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.3444 OF 2020(E) PETITIONER/S: VAZHAYOOR SERVICE CO-OPERATIVE BANK LTD NO.D 1898 AZHINHLAM P.O., FAROOK COLLEGE (VIA), MALAPPURAM DISTRICT, MALAPPURAM DISTRICT-673632, 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 (3), TIRUR, PIN-676001. 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: W.P.(C) No. 3444/2020 -2- JUDGMENT Dated this 7th day of February 2020 Heard Advocate O.D.Sivadas, counsel for petitioner and Advocate Navneeth N.Nath holding for Advocate Jose Joseph, 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. 3444/2020 -3- Hence, writ petition is disposed of directing Commissioner of Income Tax (Appeals)/ 1 st 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. 3444/2020 -4- APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER DATED 26.12.2017 ISSUED BY 2ND RESPONDENT FOR PERIOD 2015-16. EXHIBIT P2 COPY OF APPEAL MEMORANDUM DATED 12.01.2018 FILED BY PETITIONER BEFORE 1ST RESPONDENT FOR PERIOD 2015-16. EXHIBIT P3 COPY OF PROCEEDING DATED 30.12.2019 ISSUED BY 2ND RESPONDENT DEMANDING DISPUTED TAX. Vazhayoor Service Co-Operative Bank Ltd v. Commissioner of Income-tax (Appeals), Kozhikode / Income-tax Officer, Ward-(3), Tirur
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