The Aroor Central Service Co-Operative Bank Limited v. The ITO, Ward-5, Alappuzha / The CIT (Appeals), Kottayam
[Citation -2020-LL-0218-53]

Citation 2020-LL-0218-53
Appellant Name The Aroor Central Service Co-Operative Bank Limited
Respondent Name The ITO, Ward-5, Alappuzha / The CIT (Appeals), Kottayam
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 18/02/2020
Judgment View Judgment
Keyword Tags application for stay • coercive steps • recovery proceeding
Bot Summary: No.4583 OF 2020(W) 2 JUDGMENT Petitioner has approached this Court seeking a direction to dispose of Ext.P2 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.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 TUESDAY, 18TH DAY OF FEBRUARY 2020 / 29TH MAGHA, 1941 WP(C).No.4583 OF 2020(W) PETITIONER: AROOR CENTRAL SERVICE CO-OPERATIVE BANK LIMITED NO.617, AROOR, CHERTHALA, ALAPPUZHA DISTRICT, PIN-688534, REPRESENTED BY ITS SECRETARY, MEERA U PILLAI BY ADV. SRI.R.MURALEEDHARAN RESPONDENTS: 1 INCOME TAX OFFICER, WARD-5, ARATTUKULANGARA COMPLEX, A.N.PURAM, ALAPPUZHA, PIN-688011 2 COMMISSIONER OF INCOME TAX(APPEALS) SASTRY ROAD, KOTTAYAM, PN-682015 BY SRI JOSE JOSEPH, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.02.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.4583 OF 2020(W) 2 JUDGMENT Petitioner has approached this Court seeking direction to dispose of Ext.P2 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.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, JUDGE Skk//20022020 WP(C).No.4583 OF 2020(W) 3 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER PASSED BY 1ST RESPONDENT UNDER SEC.144 OF ACT, DATED 16.12.2019 EXHIBIT P2 TRUE COPY OF APPEAL FILED BY PETITIONER BEFORE 2ND RESPONDENT, DATED 08.01.2020 EXHIBIT P3 TRUE COPY OF INTERLOCUTORY APPLICATION FOR STAY FILED BEFORE 2ND RESPONDENT DATED 14.02.2020 EXHIBIT P4 TRUE COPY OF NOTICE ISSUED BY 1ST RESPONDENT PROPOSING COERCIVE STEPS, DATED 07.02.2020 RESPONDENTS' EXHIBITS: NIL Aroor Central Service Co-Operative Bank Limited v. ITO, Ward-5, Alappuzha / CIT (Appeals), Kottayam
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