Thavanoor Service Co-Operative Bank Limited v. The Commissioner of Income-tax (Appeals), Kozhikode/The Income-tax Officer, Ward 4, Tirur
[Citation -2020-LL-0226-70]

Citation 2020-LL-0226-70
Appellant Name Thavanoor Service Co-Operative Bank Limited
Respondent Name The Commissioner of Income-tax (Appeals), Kozhikode/The Income-tax Officer, Ward 4, Tirur
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 • stay of recovery
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. 5604/2020 -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.5604 OF 2020(A) PETITIONER/S: THAVANOOR SERVICE CO-OPERATIVE BANK LIMITED NO.P.516, THAVANOOR, PONNANI, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY BY ADV. SRI.O.D.SIVADAS RESPONDENT/S: 1 COMMISSIONER OF INCOME TAX (APPEALS) AYAKAR BHAVAN, KOZHIKODE - 673 001 2 INCOME TAX OFFICER WARD 4, TIRUR, MALAPPURAM DISTRICT, PIN 676 001 OTHER PRESENT: SC CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2020, COURT ON SAME DAY DELIVERED FOLLOWING: W.P.(C) No. 5604/2020 -2- JUDGMENT Dated this 26th day of February 2020 Heard Advocate O.D.Sivadas for petitioner and Advocate 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. W.P.(C) No. 5604/2020 -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. 5604/2020 -4- APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER DATED 20.12.2019 ISSUED BY 2ND RESPONDENT FOR PERIOD 2017-18 EXHIBIT P2 COPY OF APPEAL FILED BY PETITIONER BEFORE 1ST RESPONDENT FOR PERIOD 2017-18 DATED 18.01.2020 Thavanoor Service Co-Operative Bank Limited v. Commissioner of Income-tax (Appeals), Kozhikode/The Income-tax Officer, Ward 4, Tirur
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