Ettumanoor Service Co-Operative Bank Ltd. v. The Income-tax Officer, Ward-1, Kottayam / The Principal Commissioner of Income-tax, Kottayam / The Commissioner of Income-tax (Appeals), Kottayam
[Citation -2020-LL-0220-61]

Citation 2020-LL-0220-61
Appellant Name Ettumanoor Service Co-Operative Bank Ltd.
Respondent Name The Income-tax Officer, Ward-1, Kottayam / The Principal Commissioner of Income-tax, Kottayam / The Commissioner of Income-tax (Appeals), Kottayam
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 20/02/2020
Assessment Year 2017-18
Judgment View Judgment
Keyword Tags opportunity of being heard • disposal of appeals • demand of tax • recovery of tax
Bot Summary: No.5037 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 THURSDAY, 20TH DAY OF FEBRUARY 2020 / 1ST PHALGUNA, 1941 WP(C).No.5037 OF 2020(D) PETITIONER/S: ETTUMANOOR SERVICE CO-OPERATIVE BANK LTD., PEROOR ROAD, ETTUMANOOR, KOTTAYAM, REPRESENTED BY ITS SECRETARY IN CHARGE THUSHARA JOSEPH. BY ADV. SRI.S.ARUN RAJ RESPONDENT/S: 1 INCOME TAX OFFICER, WARD -1, PUBLIC LIBRARY BUILDING, SASTRI ROAD, KOTTAYAM-686001. 2 PRINCIPAL COMMISSIONER OF INCOME TAX, NAGAMBADAM, KOTTAYAM-686002. 3 COMMISSIONER OF INCOME TAX (APPEALS), PUBLIC LIBRARY BUILDING, SASTRI ROAD, KOTTAYAM-686001. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.5037 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.5037 OF 2020(D) 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 29/12/2019 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 DATED 10/02/2020 FILED BEFORE 1ST RESPONDENT FOR AY 2017-18. EXHIBIT P4 TRUE COPY OF ORDER DATED 11/02/2020 ISSUED BY 1ST RESPONDENT TO PETITIONER FOR AY 2017-18. EXHIBIT P5 TRUE COPY OF STAY APPLICATION FILED BEFORE 3RD RESPONDENT FOR AY 2017-18. EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 23/10/2019 PASSED BY THIS HONOURABLE COURT IN WPC NO.28170/2019 IN SIMILAR CASE. Ettumanoor Service Co-Operative Bank Ltd. v. Income-tax Officer, Ward-1, Kottayam / Principal Commissioner of Income-tax, Kottayam / Commissioner of Income-tax (Appeals), Kottayam
Report Error