IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE A. MUHAMED MUSTAQUE MONDAY, 24TH DAY OF FEBRUARY 2020 / 5TH PHALGUNA, 1941 WP(C).No.5228 OF 2020(C) PETITIONER: M/S. ARYANAD SERVICE CO-OPERATIVE BANK LTD. NO.593, BANK BUILDING, ARYANAD, THIRUVANANTHAPURAM-695542, REPRESENTED BY ITS SECRETARY ARUNGHOSH. S. BY ADV. SRI. S. ARUN RAJ RESPONDENTS: 1 INCOME TAX OFFICER WARD 2(3), 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. OTHER PRESENT: SRI. CHRISTOPHER ABRAHAM, SC FOR INCOME TAX. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.02.2020, COURT ON SAME DAY DELIVERED FOLLOWING: W.P.(C) No.5228/2020 2 JUDGMENT Dated this 24th day of February 2020 petitioner, Co-operative Bank, filed Ext.P2 appeal under Income Tax Act before 3rd respondent. petitioner also moved stay application as per Ext.P3. Having considered pendency of appeal and stay application as above, appellate authority is directed to dispose appeal within period of two months. Till then, recovery proceedings shall be kept in abeyance. This writ petition is disposed of as above. Sd/- A. MUHAMED MUSTAQUE JUDGE smp W.P.(C) No.5228/2020 3 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 11.12.2019 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 13.01.2020 FILED BEFORE 1ST RESPONDENT FOR AY 2017-18. EXHIBIT P4 TRUE COPY OF JUDGMENT DATED 04.12.2019 PASSED BY THIS HONOURABLE COURT IN WPC NO.27295 OF 2019 IN SIMILAR CASE. EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 13.02.2020 PASSED BY THIS HONOURABLE COURT IN WPC NO.4167 OF 2020 IN SIMILAR CASE. EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 16.11.2019 PASSED BY THIS HONOURABLE COURT IN WPC NO.31037 OF 2019 IN SIMILAR CASE. RESPONDENTS' EXHIBITS: NIL. True Copy P.S to Judge smp Aryanad Service Co-Operative Bank Ltd. v. ITO, Ward-2(3), Thiruvananthapuram / PCIT, Thiruvananthapuram / CIT (Appeals), Thiruvananthapuram