The Brahmamangalam GSCB Limited v. Commissioner of Income-tax (Appeals), Kottayam / Income-tax Officer, Ward-1, Kottaya
[Citation -2020-LL-0228-29]

Citation 2020-LL-0228-29
Appellant Name The Brahmamangalam GSCB Limited
Respondent Name Commissioner of Income-tax (Appeals), Kottayam / Income-tax Officer, Ward-1, Kottaya
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 28/02/2020
Judgment View Judgment
Keyword Tags application for stay • collection of tax • statutory appeal • stay of recovery • disposal of appeals
Bot Summary: Mohan Pulickkal, the learned counsel for the petitioner and Sri. Jose Joseph, 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/ 1 st 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.5934/2020(N) 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 FRIDAY, 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941 WP(C).No.5934 OF 2020(N) PETITIONER: BRAHMAMANGALAM GSCB LIMITED NO. 2966 VII/575, GRAMASWARAJ SERVICE CO-OPERATIVE BANK, BRAHMAMANGALAM, VAIKAM, KOTTAYAM 686 614 REPRESENTED BY ITS SECRETARY, JAYALAKSHMI A.G. BY ADVS. SRI.MOHAN PULICKKAL SMT.MANJU RAJAN SRI.NARAYANAN P POTTY RESPONDENTS: 1 COMMISSIONER OF INCOME TAX (APPEALS) O/o. COMMISSIONER OF INCOME TAX (APPEALS), KOTTAYAM - 686 001 2 INCOME TAX OFFICER, WARD 1, INCOME TAX OFFICE, PUBLIC LIBRARY BUILDING, SHASTRI ROAD, KOTTAYAM - 686 001 SRI. JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.5934/2020(N) 2 JUDGMENT Dated this 28th day of February, 2020 Heard Sri. Mohan Pulickkal, learned counsel for petitioner and Sri. Jose Joseph, 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)/ 1 st 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.5934/2020(N) 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 SR WP(C).No.5934/2020(N) 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 31- 12-2019 PASSED BY 2ND RESPONDENT EXHIBIT P2 TRUE COPY OF INCOME TAX APPEAL DATED 28-01-2020 FILED BY PETITIONER BEFORE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF APPLICATION FOR STAY DATED 29-01-2020 FILED BEFORE 1ST RESPONDENT EXHIBIT P4 TRUE COPY OF ORDER DATED 20-02-2020 PASSED BY 1ST RESPONDENT EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 01-07-2019 IN W.A NO. 1529 OF 2019 OF HON'BLE COURT. SR //True copy// PA to Judge Brahmamangalam GSCB Limited v. Commissioner of Income-tax (Appeals), Kottayam / Income-tax Officer, Ward-1, Kottaya
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