Thammanam Service Co-Operative Bank Ltd. v. Income-tax Officer, Ward-1(5), Kochi/Commissioner of Income-tax (Appeals)-2, Kochi - 2020-LL-0211-32

Citation	2020-LL-0211-32
Appellant Name	Thammanam Service Co-Operative Bank Ltd.
Respondent Name	Income-tax Officer, Ward-1(5), Kochi/Commissioner of Income-tax (Appeals)-2, Kochi
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	demand notice • recovery proceeding
Bot Summary:	No.3718 OF 2020(L) 2 JUDGMENT Petitioner has approached this Court seeking a direction to dispose of Ext.P3 appeal preferred before the second respondent/Commissioner of Income Tax against the assessment order Ext.P1. 2. Having heard the learned counsel on both sides, the writ petition is disposed of with a direction to the second respondent to take a decision on Ext.P3 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.3718 OF 2020(L) PETITIONER/S: THAMMANAM SERVICE CO-OPERATIVE BANK LTD.NO.E 182, THAMMANAM P.O.ERNAKULAM-682 032, REPRESENTED BY ITS SECRETARY. BY ADVS. SRI.C.A.JOJO SMT.SWATHY S. RESPONDENT/S: 1 INCOME TAX OFFICER, WARD-1(5), KOCHI, CENTRAL REVENUE TOWER, KOCHI-682 018. 2 COMMISSIONER OF INCOME TAX (APPEALS)-2, OFFICE OF COMMISSIONER OF INCOME TAX, CENTRAL REVENUE TOWER, KOCHI-682 018. 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.3718 OF 2020(L) 2 JUDGMENT Petitioner has approached this Court seeking direction to dispose of Ext.P3 appeal preferred before second respondent/Commissioner of Income Tax (Appeals) against assessment order Ext.P1. 2. Having heard learned counsel on both sides, writ petition is disposed of with direction to second respondent to take decision on Ext.P3 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.3718 OF 2020(L) 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER FOR AY 2017-18 DATED 21.12.2019 ISSUED BY FIRST RESPONDENT EXHIBIT P2 TRUE COPY OF DEMAND NOTICE U/S 156 DATED 21.12.2019 ISSUED BY FIRST RESPONDENT EXHIBIT P3 TRUE COPY OF APPEAL FOR AY 2017-18 BEFORE 2ND RESPONDENT DATED 18.1.2020 EXHIBIT P4 TRUE COPY OF NOTICE ISSUED BY 1ST RESPONDENT DATED 29.1.2020 FOR 20% OF TAX EXHIBIT P4 TRUE COPY OF PENALTY NOTICE ISSUED BY 1ST RESPONDENT DATED 28.1.2020 Thammanam Service Co-Operative Bank Ltd. v. Income-tax Officer, Ward-1(5), Kochi/Commissioner of Income-tax (Appeals)-2, Kochi

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