Kuttamassery Service Co-Operative Bank Ltd. v. Income-tax Officer, Ward-2, Aluva/Commissioner of Income-tax (Appeals)-2, Kochi
[Citation -2020-LL-0226-69]

Citation 2020-LL-0226-69
Appellant Name Kuttamassery Service Co-Operative Bank Ltd.
Respondent Name Income-tax Officer, Ward-2, Aluva/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 2017-18
Judgment View Judgment
Keyword Tags collection of tax • statutory appeal • stay of recovery • demand notice
Bot Summary: No.5595 OF 2020(Y) -2- JUDGMENT Dated this the 26th day of February 2020 Heard Adv.C.A.Jojo, the learned counsel for the petitioner and Sri. Christopher Abraham, 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 WP(C). No.5595 OF 2020(Y) -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.5595 OF 2020(Y) PETITIONER: KUTTAMASSERY SERVICE CO-OPERATIVE BANK LTD. NO. 766 THOTTUMUGHAM,ALUVA.P.O, ERNAKULAM-683105. REPRESENTED BY ITS SECRETARY-IN-CHARGE. BY ADVS. SRI.C.A.JOJO SMT.SWATHY S. RESPONDENTS: 1 INCOME TAX OFFICER WARD-2, ALUVA -683101. 2 COMMISSIONER OF INCOME TAX(APPEALS)-2, OFFICE OF COMMISSIONER OF INCOME TAX,KOCHI-2. SRI.CHRISTOPHER ABRAHAM, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.5595 OF 2020(Y) -2- JUDGMENT Dated this 26th day of February 2020 Heard Adv.C.A.Jojo, learned counsel for petitioner and Sri. Christopher Abraham, 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 WP(C).No.5595 OF 2020(Y) -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.5595 OF 2020(Y) -4- APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER FOR AY-2017-18 DATED 29.12.2019 ISSUED BY FIRST RESPONDENT EXHIBIT P2 TRUE COPY OF DEMAND NOTICE U/S 156 DATED 14.01.2020 ISSUED BY FIRST RESPONDENT EXHIBIT P3 TRUE COPY OF APPEAL FOR AY 2017- 18 BEFORE 2ND RESPONDENT DATED 30.01.2020. EXHIBIT P4 TRUE C0PY OF NOTICE ISSUED BY 1ST RESPONDENT DATED 19.02.2020 FOR 20% OF TAX. RESPONDENTS' EXHIBITS: NIL Kuttamassery Service Co-Operative Bank Ltd. v. Income-tax Officer, Ward-2, Aluva/Commissioner of Income-tax (Appeals)-2, Kochi
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