Maranchery Rural Co-Operative Society Ltd. v. The Commissioner of Income-tax (Appeals), Kozhikode/The Income-tax Officer, Ward 4, Tirur
[Citation -2020-LL-0211-31]

Citation 2020-LL-0211-31
Appellant Name Maranchery Rural Co-Operative Society Ltd.
Respondent Name The Commissioner of Income-tax (Appeals), Kozhikode/The Income-tax Officer, Ward 4, Tirur
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 11/02/2020
Assessment Year 2017-18
Judgment View Judgment
Keyword Tags recovery proceeding • stay petition
Bot Summary: No.3698 OF 2020(J) 2 JUDGMENT Petitioner has approached this Court seeking a direction to dispose of Ext.P4 appeal preferred before the first respondent/Commissioner of Income Tax against the assessment order Ext.P2. 2. Having heard the learned counsel on both sides, the writ petition is disposed of with a direction to the first respondent to take a decision on Ext.P4 appeal in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of three months from the date of receipt of a copy of this judgment without insisting on payment of 20 of the tax demanded, as per circular of 2017. Till such time a decision is taken on the appeal, recovery proceedings pursuant to the assessment order shall be kept in abeyance.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, 11TH DAY OF FEBRUARY 2020 / 22ND MAGHA, 1941 WP(C).No.3698 OF 2020(J) PETITIONER/S: MARANCHERY RURAL CO-OPERATIVE SOCIETY LTD.NO.M 800, REPRESENTED BY ITS SECRETARY, MARANCHERY, MARANCHERY POST, MALAPPURAM DISTRICT-679 581. BY ADVS. SRI.S.K.PREMJITH MENON SHRI.MANEKSHA D. SRI.BINU V V VEETTIL VALAPPIL RESPONDENT/S: 1 COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAVAN, MANANCHIRA, KOZHIKODE-673 001. 2 INCOME TAX OFFICER, WARD 4, TIRUR-676 001. OTHER PRESENT: SC CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.02.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.3698 OF 2020(J) 2 JUDGMENT Petitioner has approached this Court seeking direction to dispose of Ext.P4 appeal preferred before first respondent/Commissioner of Income Tax (Appeals) against assessment order Ext.P2. 2. Having heard learned counsel on both sides, writ petition is disposed of with direction to first respondent to take decision on Ext.P4 appeal in accordance with law, after affording opportunity of hearing to petitioner, within period of three months from date of receipt of copy of this judgment without insisting on payment of 20% of tax demanded, as per circular of 2017. Till such time decision is taken on appeal, recovery proceedings pursuant to assessment order shall be kept in abeyance. Sd/- AMIT RAWAL sab JUDGE WP(C).No.3698 OF 2020(J) 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF CERTIFICATE ISSUED BY JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MALAPPURAM DATED 22.09.2008. EXHIBIT P2 TRUE COPY OF ASSESSMENT ORDER FOR YEAR 2017-2018 DATED 19.12.2019. EXHIBIT P3 TRUE COPY OF NOTICE ISSUED BY 2ND RESPONDENT DATED 19.12.2019. EXHIBIT P4 TRUE COPY OF APPEAL FILED BEFORE 1ST RESPONDENT DATED 16.01.2020. EXHIBIT P5 TRUE COPY OF STAY PETITION FILED BY PETITIONER BEFORE 1ST RESPONDENT DATED 17.01.2020. Maranchery Rural Co-Operative Society Ltd. v. Commissioner of Income-tax (Appeals), Kozhikode/The Income-tax Officer, Ward 4, Tirur
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