Kozhippilly Service Co-Operative Bank Ltd. v. Income-tax Officer, Ward 1 And TPS, Thodupuzha/Commissioner of Income-tax(Appeals)-2, Kochi
[Citation -2020-LL-0226-68]

Citation 2020-LL-0226-68
Appellant Name Kozhippilly Service Co-Operative Bank Ltd.
Respondent Name Income-tax Officer, Ward 1 And TPS, Thodupuzha/Commissioner of Income-tax(Appeals)-2, Kochi
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 26/02/2020
Assessment Year 2013-14, 2014-15, 2017-18
Judgment View Judgment
Keyword Tags collection of tax • statutory appeal • stay of recovery • demand notice
Bot Summary: C.A.Jojo, the counsel for the petitioner and Sri. Christopher Abraham, the 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 WP(C). No.5589 OF 2020(W) -3- 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 WEDNESDAY, 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941 WP(C).No.5589 OF 2020(W) PETITIONER: KOZHIPPILLY SERVICE CO-OPERATIVE BANK LTD. NO. E 167, KOZHIPPILLY P O, KOTHAMANGALAM, PIN-686691, REPRESENTED BY ITS SECRETARY. BY ADVS. SRI.C.A.JOJO SMT.SWATHY S. RESPONDENTS: 1 INCOME TAX OFFICER WARD 1 AND TPS, INCOME TAX OFFICE, TEMPLE ROAD, THODUPUZHA, PIN-685584. 2 COMMISSIONER OF INCOME TAX(APPEALS)-2 OFFICE OF COMMISSIONER OF INCOME TAX, CENTRAL REVENUE TOWER, KOCHI-682018. SC CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.5589 OF 2020(W) -2- JUDGMENT Dated this 26th day of February 2020 Heard Adv. C.A.Jojo, counsel for petitioner and Sri. Christopher Abraham, 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 WP(C).No.5589 OF 2020(W) -3- 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 hmh WP(C).No.5589 OF 2020(W) -4- APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER AY 2013- 14 DATED 18.03.2016 ISSUED BY FIRST RESPONDENT. EXHIBIT P2 TRUE COPY OF DEMAND NOTICE U/S. 156 DATED 18.03.2016 ISSUED BY FIRST RESPONDENT. EXHIBIT P3 TRUE COPY OF APPEAL FOR AY-2013-14 BEFORE 2ND RESPONDENT DATED 19.05.2018. EXHIBIT P4 TRUE COPY OF ASSESSMENT ORDER FOR AY 2014-15 DATED 19.12.2016 BY 1ST RESPONDENT. EXHIBIT P5 TRUE COPY OF DEMAND NOTICE U/S. 156 DATED 19.12.2016 ISSUED BY FIRST RESPONDENT. EXHIBIT P6 TRUE COPY OF APPEAL FOR AY 2014-15 BEFORE 2ND RESPONDENT DATED 03.02.2017. EXHIBIT P7 TRUE COPY OF ASSESSMENT ORDER AY 2017- 18 DATED 15.12.2019 ISSUED BY FIRST RESPONDENT. EXHIBIT P8 TRUE OF DEMAND NOTICE U/S. 156 DATED 15.12.2019 ISSUED BY FIRST RESPONDENT. EXHIBIT P9 TRUE COPY OF APPEAL FOR AY 2017-18 BEFORE 2ND RESPONDENT DATED 22.01.2020. EXHIBIT P10 TRUE COPY OF NOTICE OF DEMAND DATED 12.02.2019 FOR AY 2017-18 ISSUED BY 1ST RESPONDENT. RESPONDENTS' EXHIBITS: NIL Kozhippilly Service Co-Operative Bank Ltd. v. Income-tax Officer, Ward 1 And TPS, Thodupuzha/Commissioner of Income-tax(Appeals)-2, Kochi
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