Chingoli Service Co-Operative Bank Limited v. Commissioner of Income-tax (Appeals), Kottayam/Income-tax Officer, Ward 1 And T.P.S, Alappuzha
|Chingoli Service Co-Operative Bank Limited
|Commissioner of Income-tax (Appeals), Kottayam/Income-tax Officer, Ward 1 And T.P.S, Alappuzha
|HIGH COURT OF KERALA AT ERNAKULAM
|Date of Order
|application for stay • collection of tax • statutory appeal • stay of recovery • demand notice
|No.5562 OF 2020(U) -2- JUDGMENT Dated this the 26th day of February 2020 Heard Sri.Arun V.G., the counsel for the petitioner and Sri. 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 WP(C). No.5562 OF 2020(U) -3- 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.