The Peringanadu Service Co-Operative Bank Ltd. v. The Income-tax Officer, Kollam / The Commissioner of Income-tax (Appeals), Thiruvananthapuram
[Citation -2020-LL-0225-11]

Citation 2020-LL-0225-11
Appellant Name The Peringanadu Service Co-Operative Bank Ltd.
Respondent Name The Income-tax Officer, Kollam / The Commissioner of Income-tax (Appeals), Thiruvananthapuram
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 25/02/2020
Assessment Year 2018-19
Judgment View Judgment
Keyword Tags collection of tax • statutory appeal • stay of recovery • demand notice • disposal of appeals
Bot Summary: Manu Ramachandran, the learned counsel for the petitioner and Sri. Jose Winson holding for Sri.Christopher Abraham, the learned Standing Counsel for respondents. Petitioner refers to and relies on judgment dated 01.07.2019 in W.A No.1536 of 2019 and connected cases to contend that the Division Bench directed disposal of appeal and granted stay of recovery proceedings during the pendency of the appeal. The learned Standing Counsel admits that the facts of the case are substantially same and similar to the facts noted by the Division Bench in W.A. No.1536 of 2019, hence can be followed. The writ petition is disposed of directing the Commissioner of Income Tax/ 2 nd respondent to consider and dispose of the statutory appeal filed by the petitioner herein at the earliest WP(C). No.5285 OF 2020 3 taking note of the Full Bench decision reported in The Mavilayi Service Co-operative Bank Ltd, v. The Commissioner of Income Tax, Calicut 2019 KHC 287 and to keep in abeyance recovery proceedings and collection of tax assessed, pending disposal of such appeal.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR.JUSTICE S.V.BHATTI TUESDAY, 25TH DAY OF FEBRUARY 2020 / 6TH PHALGUNA, 1941 WP(C).No.5285 OF 2020(I) PETITIONER/S: PERINGANADU SERVICE CO-OPERATIVE BANK LTD.NO.2706, PERINGANADU, PERINGANADU P.O. ADOOR, PATHANAMTHITTA DISTRICT 691 551, REPRESENTED BY ITS SECRETARY. BY ADVS. SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.R.RAJESH (VARKALA) SRI.T.S.SARATH SHRI.SAMEER M NAIR RESPONDENT/S: 1 INCOME TAX OFFICER OFFICE OF INCOME TAX OFFICER, WARD -4, AAYAKAR BHAVAN, NEAR KARBALA JUNCTION, RAILWAY STATION ROAD, KOLLAM, KOLLAM DISTRICT 691 001. 2 COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM 695 003. BY SRI. JOS WINSON FOR CHRISTOPHER ABRAHAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.02.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.5285 OF 2020 2 JUDGMENT Dated this 25th day of February 2020 Heard Sri. Manu Ramachandran, learned counsel for petitioner and Sri. Jose Winson holding for Sri.Christopher Abraham, learned Standing Counsel for respondents. 2. Petitioner refers to and relies on judgment dated 01.07.2019 in W.A No.1536 of 2019 and connected cases to contend that Division Bench directed disposal of appeal and granted stay of recovery proceedings during pendency of appeal. 3. learned Standing Counsel admits that facts of case are substantially same and similar to facts noted by Division Bench in W.A. No.1536 of 2019, hence can be followed. Hence, writ petition is disposed of directing Commissioner of Income Tax (Appeals)/ 2 nd respondent to consider and dispose of statutory appeal filed by petitioner herein at earliest WP(C).No.5285 OF 2020 3 taking note of Full Bench decision reported in Mavilayi Service Co-operative Bank Ltd, v. Commissioner of Income Tax, Calicut [2019 (2) KHC 287] and to keep in abeyance recovery proceedings and collection of tax assessed, pending disposal of such appeal. Sd/- S.V.BHATTI JUDGE uu 27.02.2020 WP(C).No.5285 OF 2020 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 04.12.2019 PASSED BY 1ST RESPONDENT AGAINST PETITIONER SOCIETY IN RESPECT OF FINANCIAL YEAR 2017-18. EXHIBIT P2 TRUE COPY OF DEMAND NOTICE UNDER SECTION 156 OF INCOME TAX ACT DATED 04.12.2019. EXHIBIT P3 TRUE COPY OF APPEAL FILED BY PETITIONER BEFORE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF NOTICE DATED 28.01.2020 ISSUED BY 1ST RESPONDENT TO PETITIONER. EXHIBIT P5 TRUE COPY OF APPLICANT FOR STAY FILED BY PETITIONER BEFORE 2ND RESPONDENT. EXHIBIT P6 TRUE COPY OF NOTICE DATED 11.02.2020 ISSUED BY 1ST RESPONDENT TO KERALA BANK, ADOOR BRANCH. Peringanadu Service Co-Operative Bank Ltd. v. Income-tax Officer, Kollam / Commissioner of Income-tax (Appeals), Thiruvananthapuram
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