Ponvila Service Co-Operative Bank Ltd. v. ITO, Ward-2(2), Trivandrum / CIT (Appeals), Trivandrum
[Citation -2020-LL-0213-43]

Citation 2020-LL-0213-43
Appellant Name Ponvila Service Co-Operative Bank Ltd.
Respondent Name ITO, Ward-2(2), Trivandrum / CIT (Appeals), Trivandrum
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 13/02/2020
Assessment Year 2017-18
Judgment View Judgment
Keyword Tags demand notice • stay petition • recovery proceeding
Bot Summary: No.4154 OF 2020(T) 2 JUDGMENT Petitioner has approached this Court seeking a direction to consider Ext.P4 stay petition pending the Appeal, Ext.P3 preferred before the second 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 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 THURSDAY, 13TH DAY OF FEBRUARY 2020 / 24TH MAGHA, 1941 WP(C).No.4154 OF 2020(T) PETITIONER/S: PONVILA SERVICE CO-OPERATIVE BANK LTD.NO.985, REPRESENTED BY ITS PRESIDENT, ARIYA P.O., (VIA) PARASSALA, THIRUVANANTHAPURAM. BY ADVS. SRI. P. N. MOHANAN SRI. C. P. SABARI RESPONDENT/S: 1 INCOME TAX OFFICER, WARD 2(2), AAYAKAR BHAVAN, INCOME TAX, KOWDIAR, TRIVANDRUM-695003. 2 COMMISSIONER OF INCOME TAX (APPEALS), THIRUVANANTHAPURAM, AAYAKAR BHAVAN, INCOME TAX, KOWDIAR, TRIVANDRUM-695003. OTHER PRESENT: SRI CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.02.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.4154 OF 2020(T) 2 JUDGMENT Petitioner has approached this Court seeking direction to consider Ext.P4 stay petition pending Appeal, Ext.P3 preferred before second 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 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.4154 OF 2020(T) 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF RETURN FILED BY PETITIONER FOR ASSESSMENT YEAR 2017- 2018. EXHIBIT P2 TRUE COPY OF ASSESSMENT ORDER ALONG WITH DEMAND NOTICE DATED 26.12.2019 OF FIRST RESPONDENT. EXHIBIT P3 TRUE COPY OF APPEAL DATED 18.01.2020 FILED BEFORE SECOND RESPONDENT. EXHIBIT P4 TRUE COPY OF STAY PETITION DATED 20.1.2020 WHICH IS RECEIVED IN OFFICE OF SECOND RESPONDENT ON 28.01.2020. EXHIBIT P5 TRUE COPY OF PETITION DATED 20.1.2020 FILED BEFORE FIRST RESPONDENT. EXHIBIT P6 TRUE COPY OF DEMAND NOTICE DATED 06.02.2020 ISSUED BY FIRST RESPONDENT. Ponvila Service Co-Operative Bank Ltd. v. ITO, Ward-2(2), Trivandrum / CIT (Appeals), Trivandrum
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