IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, 12TH DAY OF FEBRUARY 2020 / 23RD MAGHA, 1941 WP(C).No.3924 OF 2020(M) PETITIONER/S: MYLACHEL SERVICE CO-OPERATIVE BANK LTD., NO.683, OOTTASEKHARAMANGALAM. P.O, ARYANCODE, TRIVANDRUM-695125, REPRESENTED BY ITS SECRETARY P.A.GOPAKUMAR. BY ADV. SRI.S.ARUN RAJ RESPONDENT/S: 1 INCOME TAX OFFICER, WARD-2(4),AAYAKAR BHAWAN, FIRST FLOOR, KAWDIAR. P.O, THIRUVANANTHAPURAM-695003. 2 PRINCIPAL COMMISSIONER OF INCOME TAX, AAYAKAR BHAWAN, KAWDIAR. P.O, THIRUVANANTHAPURAM-695003. 3 COMMISSIONER OF INCOME TAX(APPEALS), AAYAKAR BHAWAN, KAWDIAR. P.O, THIRUVANANTHAPURAM-695003. 4 GENERAL MANAGER, M/S TRIVANDRUM DISTRICT CO-OPERATIVE BANK LTD,HEAD OFFICE,FORT P.O, TRIVANDRUM-695023. OTHER PRESENT: SC CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.02.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.3924 OF 2020(M) 2 JUDGMENT Petitioner has approached this Court challenging Ext.P9 and seeking direction to dispose of appeal and interim application preferred before third respondent/Commissioner of Income Tax (Appeals) against assessment order. 2. Having heard learned counsel on both sides, writ petition is disposed of with direction to third respondent to take decision on 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.3924 OF 2020(M) 3 WP(C).No.3924 OF 2020(M) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 20-12-2019 PASSED BY 1ST RESPONDENT UNDER SECTION 143(3)OF ACT FOR AY 2017-18 EXHIBIT P2 TRUE COPY OF APPLICATION DATED 4- 1-2020 SUBMITTED UNDER SECTION 154 OF ACT BY PETITIONER BEFORE 1ST RESPONDENT FOR AY 2017-18 EXHIBIT P3 TRUE COPY OF FIRST APPEAL FILED BY PETITIONER BEFORE 3RD RESPONDENT FOR AY 2017-18 EXHIBIT P4 TRUE COPY OF APPLICATION OF STAY FILED BY PETITIONER BEFORE 1ST RESPONDENT WITH COPY TO 3RD RESPONDENT FOR AY 2017-18 EXHIBIT P5 TRUE COPY OF ORDER DATED 10.1.2020 PASSED BY INCOME TAX APPELLATE TRIBUNAL,COCHIN BENCH,COCHIN IN CASES OF PRIMARY AGRICULTURAL CREDIT SOCIETIES ON ISSUE OF SECTION 80 P DEDUCTION EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 23.10.2019 PASSED BY THIS HONOURABLE COURT IN WP(C)NO.28170 OF 2019 I SIMILAR CASE. EXHIBIT P7 TRUE COPY OF JUDGMENT DATED 4.12.2019 IN WP(C)O.27295 OF 2019 PASSED BY THIS HONOURABLE COURT IN SIMILAR MATER IN CASE OF PACS EXHIBIT P8 TRUE COPY OF JUDGMENT DATED 16.11.2019 IN WP(C)NO.31037 OF 2019 PASSED BY THIS HONOURABLE COURT IN SIMILAR MATER IN CASE OF PACS. EXHIBIT P9 TRUE COPY OF NOTICE DATED 5.2.2020 ISSUED UNDER SECTION 226(3)OF ACT OF 4TH RESPONDENT,THE GENERAL MANAGER, M/S TRIVANDRUM DISTRICT CO-OPERATIVE BANK, TRIVANDRUM. Mylachel Service Co-Operative Bank Ltd. v. ITO, Ward-2(4), Thiruvananthapuram/The PCIT, Thiruvananthapuram/The CIT(Appeals), Thiruvananthapuram/the General Manager, Trivandrum District Co-Operative Bank Ltd