Thrithala Service Co-Operative Bank Limited v. Income-tax Officer, Ward-3, Palakkad/The Commissioner of Income-tax (Appeals), Thrissur
[Citation -2020-LL-0226-65]

Citation 2020-LL-0226-65
Appellant Name Thrithala Service Co-Operative Bank Limited
Respondent Name Income-tax Officer, Ward-3, Palakkad/The Commissioner of Income-tax (Appeals), Thrissur
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 collection of tax • statutory appeal • stay of recovery • demand notice • stay petition
Bot Summary: 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. W.P.(C) No.5618/2020 -3- Hence, the writ petition is disposed of directing the Commissioner of Income Tax/ 1 st respondent to consider and dispose of the statutory appeals 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 appeals.


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.5618 OF 2020(B) PETITIONER/S: THRITHALA SERVICE CO-OPERATIVE BANK LIMITED, P O BOX NO.1, TSCB BUILDINGS, THRITHALA POST, PATTAMBI, KERALA-679534., REPRESENTED BY ITS SECRETARY, SUKUMARAN P V. BY ADVS. SRI.ANIL D. NAIR SRI.R.SREEJITH SMT. ARYA ANIL SHRI.GOKULRAJ L. SMT.SRI HARINI S.P. RESPONDENT/S: 1 INCOME TAX OFFICER, WARD -3, PALAKKAD -678014. 2 COMMISSIONER OF INCOME TAX (APPEALS) THRISSUR-680001. OTHER PRESENT: SC JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2020, COURT ON SAME DAY DELIVERED FOLLOWING: W.P.(C) No.5618/2020 -2- JUDGMENT Dated this 26th day of February 2020 Heard Advocate Anil D. Nair for petitioner and Advocate Jose Joseph 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. W.P.(C) No.5618/2020 -3- Hence, writ petition is disposed of directing Commissioner of Income Tax (Appeals)/ 1 st respondent to consider and dispose of statutory appeals 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 appeals. Sd/- S.V.BHATTI JUDGE jjj W.P.(C) No.5618/2020 -4- APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 17.12.2019 FOR YEAR 2017-18. EXHIBIT P2 TRUE COPY OF STATUTORY APPEAL FILED BEFORE 2ND RESPONDENT FOR YEAR AY-2017-18. EXHIBIT P3 TRUE COPY OF STAY PETITION FOR YEAR 2017- 18 FILED BY PETITIONER BEFORE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF DEMAND NOTICE DATED 13.02.2020. Thrithala Service Co-Operative Bank Limited v. Income-tax Officer, Ward-3, Palakkad/The Commissioner of Income-tax (Appeals), Thrissur
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