The Muthalamada Service Co-Operative Bank Ltd. v. The Income-tax Officer, Ward-5, Palakkad / The Commissioner of Income-tax (Appeals), Thrissur
[Citation -2020-LL-0225-24]

Citation 2020-LL-0225-24
Appellant Name The Muthalamada Service Co-Operative Bank Ltd.
Respondent Name The Income-tax Officer, Ward-5, Palakkad / The Commissioner of Income-tax (Appeals), Thrissur
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 25/02/2020
Assessment Year 2016-17
Judgment View Judgment
Keyword Tags collection of tax • statutory appeal • stay of recovery • stay petition • disposal of appeals
Bot Summary: Harisankar V.Menon, 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/ 2nd 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-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.5275 OF 2020(H) PETITIONER: MUTHALAMADA SERVICE CO-OPERATIVE BANK LTD.NO.6/247, MUTHALAMADA, PALAKKAD-678507, REPRESENTED BY ITS SECRETARY, SIVADASAN.V. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS: 1 INCOME TAX OFFICER, WARD 5, AYAKAR BHAVAN, PALAKKAD-678014. 2 COMMISSIONER OF INCOME TAX (APPEALS), SAKTHAN NAGAR, THRISSUR-680021. OTHER PRESENT: SRI JOSE JOSEPH,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.02.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WPC No.5275 of 2020 2 JUDGMENT Dated this 25th day of February 2020 Heard Sri. Harisankar V.Menon, 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)/ 2nd 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-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 css/ WPC No.5275 of 2020 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY 1ST RESPONDENT FOR YEAR 2016-17 DATED 27.12.2018. EXHIBIT P2 COPY OF APPEAL FILED BY PETITIONER BEFORE 2ND RESPONDENT 2016-17 DATED 29.01.2018. EXHIBIT P3 COPY OF STAY PETITION FILED BY PETITIONER BEFORE 2ND RESPONDENT DATED NIL. EXHIBIT P4 COPY OF ORDER ISSUED BY 1ST RESPONDENT DATED 11.02.2020. EXHIBIT P5 COPY OF JUDGMENT IN WP(C)NO.21015/19 OF THIS HON'BLE COURT DATED 19.08.2019. EXHIBIT P5(a) COPY OF JUDGMENT IN WP(C)NO.4366/2020 OF THIS HON'BLE COURT DATED 17.02.2020. Muthalamada Service Co-Operative Bank Ltd. v. Income-tax Officer, Ward-5, Palakkad / Commissioner of Income-tax (Appeals), Thrissur
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