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. 5074 OF 2020(H) PETITIONER: PULLAMPARA SERVICE CO-OPERATIVE BANK LTD. NO. 2429 REPRESENTED BY ITS SECRETARY, MUKKUDIL P.O, VENJARAMOODU, THIRUVNANTHAPURAM DISTRICT 695607 BY ADVS. SRI. T. R. HARIKUMAR SRI. ARJUN RAGHAVAN RESPONDENTS: 1 INCOME TAX OFFICER WARD -2(3), OFFICE OF ADDITIONAL COMMISSIONER OF INCOME TAX, AAYAKAR BHAVAN, KAWDIAR P.O, THIRUVNANATHAPURAM PIN 695003 2 COMMISSIONER OF INCOME TAX (APPEALS) SSYSKST BHAVAN, KOWDIAR, THIRUVANANTHAPURAM PIN 695003 CHRISTOPHER ABRAHAM SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.02.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.5074 OF 2020(H) 2 JUDGMENT Dated this 24th day of February 2020 petitioner, co-operative society filed appeal as against assessment order under Income Tax Act before 2nd respondent. assessing authority insisted payment of 20% of disputed tax to grant stay against recovery, pending appeal. In light of various judgments of this Court, appellate authority - 2nd respondent is directed to dispose appeal within period of two months after issuing notice to petitioner. Till then, recovery proceedings shall be kept in abeyance. Ordered accordingly. writ petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE SAS/24/02/2020 JUDGE WP(C). No. 5074 OF 2020(H) 3 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER FOR YEAR 2017-2018 DATED 13-12-2019 EXHIBIT P2 TRUE COPY OF NOTICE ISSUED UNDER SECTION 156 OF INCOME TAX ACT DATED 13- 12-2019 EXHIBIT P3 TRUE COPY OF ONLINE APPEAL DATED 06- 01-2020 ALONG WITH GROUNDS OF APPEAL, FILED BEFORE 2ND RESPONDENT, AGAINST EXT P1 ASSESSMENT ORDER. EXHIBIT P4 TRUE COPY OF STAY PETITION FILED BY PETITIONER IN EXT P3 APPEAL DATED 21- 01-2020 EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 19-07- 2019 IN W.A NO. 1639 OF 2019 EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 25-11- 2019 IN WP(C) NO. 31787 OF 2019 RESPONDENTS' EXHIBITS:- NIL TRUE COPY P.A. TO JUDGE Pullampara Service Co-Operative Bank Ltd. v. ITO, Ward-2(3), Thiruvananthapuram / CIT (Appeals), Thiruvananthapuram