Venpakal Service Co-Operative Bank Ltd. v. The ITO, Ward-2(2), Thiruvananthapuram / The PCIT, Thiruvananthapuram / The CIT (Appeals), Thiruvananthapuram
[Citation -2020-LL-0214-43]

Citation 2020-LL-0214-43
Appellant Name Venpakal Service Co-Operative Bank Ltd.
Respondent Name The ITO, Ward-2(2), Thiruvananthapuram / The PCIT, Thiruvananthapuram / The CIT (Appeals), Thiruvananthapuram
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 14/02/2020
Assessment Year 2017-18
Judgment View Judgment
Keyword Tags recovery proceeding
Bot Summary: No.4233 OF 2020(D) 2 JUDGMENT Petitioner has approached this Court seeking a direction to dispose of Ext.P2 appeal preferred before the third 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 third respondent to take a decision on Ext.P2 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 FRIDAY, 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941 WP(C).No.4233 OF 2020(D) PETITIONER/S: VENPAKAL SERVICE CO-OPERATIVE BANK LTD. NO.T-155, VENPAKAL PO, ARALUMMOODU, TRIVANDRUM - 695 123 REPRESENTED BY ITS SECRETARY SINI V.G. BY ADV. SRI.S.ARUN RAJ RESPONDENT/S: 1 INCOME TAX OFFICER WARD-2(2), AAYAKAR BHAWAN, FIRST FLOOR, KAWDIAR P.O., THIRUVANANTHAPURAM - 695 003 2 PRINCIPAL COMMISSIONER OF INCOME TAX AAYAKAR BHAWAN, KAWDIAR P.O., THIRUVANANTHAPURAM - 695 003 3 COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAWAN, KAWDIAR P.O., THIRUVANANTHAPURAM - 695 003 OTHER PRESENT: SRI CHRISTOPHER ABRAHAM,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.4233 OF 2020(D) 2 JUDGMENT Petitioner has approached this Court seeking direction to dispose of Ext.P2 appeal preferred before third 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 third respondent to take decision on Ext.P2 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.4233 OF 2020(D) 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 19-12-2018 PASSED BY 1ST RESPONDENT UNDER SECTION 143(3) OF ACT FOR AY 2017-18 EXHIBIT P2 TRUE COPY OF FIRST APPEAL FILED BY PETITIONER BEFORE 3RD RESPONDENT FOR AY 2017-18 EXHIBIT P3 TRUE COPY OF STAY APPLICATION FILED BEFORE 1ST RESPONDENT FOR AY 2017-18 EXHIBIT P4 TRUE COPY OF DEMAND LETTER DATED 6-2- 2020 ISSUED BY 1ST RESPONDENT TO PETITIONER FOR AY 2017-18 EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 23-10- 2019 PASSED BY THIS HONOURABLE COURT IN WP(C) NO.28170 OF 2019 IN SIMILAR CASE Venpakal Service Co-Operative Bank Ltd. v. ITO, Ward-2(2), Thiruvananthapuram / PCIT, Thiruvananthapuram / CIT (Appeals), Thiruvananthapuram
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