The Ottappalam Co-Operative Housing Society Ltd. v. The Income-tax Officer, Ward-3, Palakkad / The Commissioner of Income-tax (Appeals), Thrissur
[Citation -2020-LL-0228-30]

Citation 2020-LL-0228-30
Appellant Name The Ottappalam Co-Operative Housing Society Ltd.
Respondent Name The Income-tax Officer, Ward-3, Palakkad / The Commissioner of Income-tax (Appeals), Thrissur
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 28/02/2020
Assessment Year 2017-18
Judgment View Judgment
Keyword Tags collection of tax • statutory appeal • stay of recovery • stay petition • disposal of appeals
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. The writ petition is disposed of directing the Commissioner of Income Tax/ 2 nd respondent to consider and dispose of the statutory appeal filed by the -3- WP(C) NO.5887 OF 2020 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 1 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.5887 OF 2020(I) PETITIONER/S: OTTAPPALAM CO-OPERATIVE HOUSING SOCIETY LTD.NO. P608, OTTAPPALAM, OTTAPPALAM, PALAKKAD 679 101, REPRESENTED BY ITS SECRETARY, A. SIVADAS. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENT/S: 1 INCOME TAX OFFICER, WARD 3, AYAKAR BHAVAN, PALAKKAD 678 014. 2 COMMISSIONER OF INCOME TAX (APPEALS), SAKTHAN NAGAR, THRISSUR 680 021. SC JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2020, COURT ON SAME DAY DELIVERED FOLLOWING: -2- WP(C) NO.5887 OF 2020 JUDGMENT Heard Adv.Harishankar, for petitioner and Adv.Jose Joseph 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)/ 2 nd respondent to consider and dispose of statutory appeal filed by -3- WP(C) NO.5887 OF 2020 petitioner herein at earliest taking note of Full Bench decision reported in Mavilayi Service Co-operative Bank Ltd, v. Commissioner of Income Tax, Calicut 1 and to keep in abeyance recovery proceedings and collection of tax assessed, pending disposal of such appeal. Sd/- S.V.BHATTI JUDGE JS 1[2019 (2) KHC 287] -4- WP(C) NO.5887 OF 2020 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY 1ST RESPONDENT FOR YEAR 2017-18 DATED 17.12.2019. EXHIBIT P2 COPY OF APPEAL FILED BY PETITIONER BEFORE 2ND RESPONDENT 2017-18 DATED 14.01.2020. EXHIBIT P3 COPY OF STAY PETITION FILED BY PETITIONER BEFORE 2ND RESPONDENT DATED 14.01.2020. Ottappalam Co-Operative Housing Society Ltd. v. Income-tax Officer, Ward-3, Palakkad / Commissioner of Income-tax (Appeals), Thrissur
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