Chingoli Service Co-Operative Bank Limited v. Commissioner of Income-tax (Appeals), Kottayam/Income-tax Officer, Ward 1 And T.P.S, Alappuzha
[Citation -2020-LL-0226-61]

Citation 2020-LL-0226-61
Appellant Name Chingoli Service Co-Operative Bank Limited
Respondent Name Commissioner of Income-tax (Appeals), Kottayam/Income-tax Officer, Ward 1 And T.P.S, Alappuzha
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 26/02/2020
Assessment Year 2017-18
Judgment View Judgment
Keyword Tags application for stay • collection of tax • statutory appeal • stay of recovery • demand notice
Bot Summary: 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.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR.JUSTICE S.V.BHATTI WEDNESDAY, 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941 WP(C).No.5562 OF 2020(U) PETITIONER: CHINGOLI SERVICE CO-OPERATIVE BANK LIMITED REPRESENTED BY ITS SECRETARY, CHINGOLI P.O., CHINGOLI, ALAPPUZHA-690532. BY ADVS. SRI.V.G.ARUN (K/795/2004) SMT.V.JAYA RAGI SRI.R.HARIKRISHNAN (KAMBISSERIL) SRI.NEERAJ NARAYAN SHRI.SARATH SUKUMARAN RESPONDENTS: 1 COMMISSIONER OF INCOME TAX (APPEALS) BAKER HILLS, KOTTAYAM-686002. 2 INCOME TAX OFFICER, WARD 1 AND T.P.S, ALAPPUZHA, ARATTUKULANKARA COMPLEX, A.N.PURAM, ALAPPUZHA-688011. SRI.JOSE JOSEPH, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.5562 OF 2020(U) -2- JUDGMENT Dated this 26th day of February 2020 Heard Sri.Arun V.G., counsel for petitioner and Sri. Jose Joseph, 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 WP(C).No.5562 OF 2020(U) -3- 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 hmh WP(C).No.5562 OF 2020(U) -4- APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE PHOTOCOPY OF RETURN OF INCOME DATED 29.09.2019 FOR ASSESSMENT YEAR 2017-18. EXHIBIT P2 TRUE PHOTOCOPY OF ASSESSMENT ORDER DATED 12.12.2019 ALONG WITH DEMAND NOTICE ISSUED UNDER SECTION 156 OF INCOME TAX ACT DATED 12.12.2019 ISSUED FOR YEAR 2017-18 BY 2ND RESPONDENT. EXHIBIT P3 TRUE PHOTOCOPY OF APPEAL DATED 13.01.2020 FILED FOR YEAR 2017-18 BEFORE 1ST RESPONDENT. EXHIBIT P4 TRUE COPY OF ORDER DATED 21.01.2020 ISSUED BY 2ND RESPONDENT. EXHIBIT P5 TRUE PHOTOCOPY OF APPLICATION FOR STAY DATED 10.02.2020 FILED BY PETITIONER BEFORE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: NIL Chingoli Service Co-Operative Bank Limited v. Commissioner of Income-tax (Appeals), Kottayam/Income-tax Officer, Ward 1 And T.P.S, Alappuzha
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