Naruvamoodu Service Co-Operative Bank Ltd. v. The Income-tax Officer, Ward-2(2), Thiruvananthapuram/The Commissioner of Income-tax(Appeals), Thiruvananthapuram
[Citation -2020-LL-0226-72]

Citation 2020-LL-0226-72
Appellant Name Naruvamoodu Service Co-Operative Bank Ltd.
Respondent Name The Income-tax Officer, Ward-2(2), Thiruvananthapuram/The Commissioner of Income-tax(Appeals), Thiruvananthapuram
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 • stay petition
Bot Summary: Arjun Raghavan, 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 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 WP(C). No.5529 OF 2020 3 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.5529 OF 2020(M) PETITIONER/S: NARUVAMOODU SERVICE CO-OPERATIVE BANK LTD. NO.160, REPRESENTED BY ITS SECRETARY, NARUVAMOODU.P.O, THIRUVANANTHAPURAM DISTRICT PIN-695020 BY ADVS. SRI.ARJUN RAGHAVAN SRI.ADITHYA RAJEEV RESPONDENT/S: 1 INCOME TAX OFFICER, WARD-2(2), OFFICE OF INCOME TAX OFFICER, AAYAKAR BHAVAN, KOWDIAR.P.O, THIRUVANANTHAPURAM PIN-695003 2 COMMISSIOINER OF INCOME TAX(APPEALS), AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM PIN-695003 BY SC SRI.CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.5529 OF 2020 2 JUDGMENT Dated this 26th day of February 2020 Heard Sri. Arjun Raghavan, 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 consider and dispose of statutory appeal filed by petitioner herein at earliest taking note of Full Bench decision reported in WP(C).No.5529 OF 2020 3 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 uu 27.02.2020 WP(C).No.5529 OF 2020 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER FOR YEAR 2017-2018 DATED 23.12.2019 EXHIBIT P2 TRUE COPY OF NOTICE ISSUED UNDER SECTION 156 OF INCOME TAX ACT DATED 23.12.2019 EXHIBIT P3 TRUE COPY OF ONLINE APPEAL DATED 22.01.2020 ALONG WITH GROUNDS OF APPEAL, FILED BEFORE 2ND RESPONDENT, AGAINST EXT.P1 ASSESSMENT ORDER EXHIBIT P4 TRUE COPY OF STAY PETITION FILED BY PETITIONER IN EXT.P3 APPEAL SUBMITTED ON 24.02.2020 EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 19.07.2019 IN W.A. NO.1639/2019 EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 17.02.2020 IN WP(C)NO.4433/2020 Naruvamoodu Service Co-Operative Bank Ltd. v. Income-tax Officer, Ward-2(2), Thiruvananthapuram/The Commissioner of Income-tax(Appeals), Thiruvananthapuram
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