Adat Farmers Service Co-Operative Bank Ltd v. The Commissioner of Income-tax, Appeals, Thrissur / The Income-tax Officer, Ward-2(1), Thrissur
[Citation -2020-LL-0225-15]

Citation 2020-LL-0225-15
Appellant Name Adat Farmers Service Co-Operative Bank Ltd
Respondent Name The Commissioner of Income-tax, Appeals, Thrissur / The Income-tax Officer, Ward-2(1), Thrissur
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 25/02/2020
Judgment View Judgment
Keyword Tags collection of tax • statutory appeal • stay of recovery • demand notice • stay petition • disposal of appeals
Bot Summary: P. C. Sasidharan, the learned counsel for the petitioner and Sri. Jose Joseph, 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/ 1st respondent to consider and dispose of the statutory appeal filed by the petitioner herein, at the earliest, taking note of the Full Bench decision reported in The Mavilayi Service Co- WP(C). No.5338 OF 2020(N) 3 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.5338 OF 2020(N) PETITIONER: ADAT FARMERS SERVICE CO-OPERATIVE BANK LTD NO.R 689 PURANATTUKARA, PURANATTUKARA.P.O, THRISSUR-680551, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: 1 COMMISSIONER OF INCOME TAX, APPEALS, OFFICE OF COMMISSIONER OF INCOME TAX APPEAL, THRISSUR-680001. 2 INCOME TAX OFFICER, WARD 2(1), AAYAKAR BHAVAN, INCOME TAX OFFICE, SAKTHANTHAPURAN NAGAR, THRISSUR-680001. BY SRI. JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.02.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.5338 OF 2020(N) 2 JUDGMENT Dated this 25th day of February 2020 Heard Sri. P. C. Sasidharan, learned counsel for petitioner and Sri. Jose Joseph, 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)/ 1st respondent to consider and dispose of statutory appeal filed by petitioner herein, at earliest, taking note of Full Bench decision reported in Mavilayi Service Co- WP(C).No.5338 OF 2020(N) 3 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 DCS WP(C).No.5338 OF 2020(N) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF REGISTRATION CERTIFICATE ISSUED BY CO-OPERATIVE DEPARTMENT ON ITS REGISTRARTION. EXHIBIT P2 TRUE COPY OF ASSESSMENT ORDER DATED 03/12/2019 EXHIBIT P3 TRUE COPY OF DEMAND NOTICE DATED 03/12/2019 EXHIBIT P4 TRUE COPY OF COMPUTATION SHEET. EXHIBIT P5 TRUE COPY OF APPEAL DATED 06.01.2020 EXHIBIT P6 TRUE COPY OF STAY PETITION DATED 07.01.2020 EXHIBIT P7 TRUE COPY OF COMMUNICATION DATED 27.01.2020 EXHIBIT P8 TRUE COPY OF STAY PETITION DATED 05.02.2020. EXHIBIT P9 TRUE COPY OF JUDGMENT IN W.P(C)NO.2334 OF 2020 EXHIBIT P10 TRUE COPY OF JUDGMENT IN W.A.NO.1536 OF 2019 DATED 1/7/2019. Adat Farmers Service Co-Operative Bank Ltd v. Commissioner of Income-tax, Appeals, Thrissur / Income-tax Officer, Ward-2(1), Thrissur
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