Thodupuzha Taluk Co-Operative Employees Co-Operative Society Ltd v. Commissioner of Income-tax (Appeals)-II, Kochi / Income-tax Officer, Ward-2, Thodupuzha
[Citation -2020-LL-0228-46]

Citation 2020-LL-0228-46
Appellant Name Thodupuzha Taluk Co-Operative Employees Co-Operative Society Ltd
Respondent Name Commissioner of Income-tax (Appeals)-II, Kochi / Income-tax Officer, Ward-2, Thodupuzha
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 28/02/2020
Assessment Year 2013-14, 2017-18
Judgment View Judgment
Keyword Tags collection of tax • statutory appeal • stay of recovery • disposal of appeals
Bot Summary: A.Kumar, 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/ 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.5940/2020(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.5940 OF 2020(N) PETITIONER: THODUPUZHA TALUK CO-OPERATIVE EMPLOYEES CO-OPERATIVE SOCIETY LTD, ASWATHI SHOPPING COMPLEX, THODUPUZHA P O, THODUPUZHA, PIN-685584. REPRESENTED BY ITS SECRETARY MR. SANGEETHA SOMARAJ. BY ADVS. SRI.A.KUMAR SRI.P.J.ANILKUMAR SMT.G.MINI(1748) SRI.P.S.SREE PRASAD SHRI.ABRAHAM JOB SRI.AJAY V.ANAND RESPONDENTS: 1 COMMISSIONER OF INCOME-TAX (APPEALS) - II POORNIMA BUILDINGS, PANAMPILLY NAGAR, KOCHI-682036. 2 INCOME TAX OFFICER, WARD -2, THODUPUZHA, MAHIMA TOWERS, TEMPLE ROAD, THODUPUZHA-685584. SRI. CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.5940/2020(N) 2 JUDGMENT Dated this 28th day of February, 2020 Heard Sri. A.Kumar, 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)/ 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.5940/2020(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.5940/2020(N) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER FOR AY 2013-14 DATED 21.03.2016. EXHIBIT P1(a) TRUE COPY OF ASSESSMENT ORDER FOR AY- 2017-18 DATED 21.12.2019. EXHIBIT P2 TRUE COPY OF APPEAL FILED IN FORM 35 FOR AY 2013-14 DATED 25.04.2016. EXHIBIT P2 (a) TRUE COPY OF APPEAL FILED IN FORM 35 FOR AY 2017-18 DATED 31.01.2020. EXHIBIT P3 TRUE COPY OF STAY APPLICATION FOR AY- 2013-14 DATED 20.02.2020. EXHIBIT P3 (a) TRUE COPY OF STAY APPLICATION FOR AY 2017- 18 DATED 20.02.2020. EXHIBIT P4 TRUE COPY OF JUDGMENT OF HON'BLE DIVISION BENCH IN WRIT APPEAL 1529/2019 DATED 01.07.2019. SR //True copy// PA to Judge Thodupuzha Taluk Co-Operative Employees Co-Operative Society Ltd v. Commissioner of Income-tax (Appeals)-II, Kochi / Income-tax Officer, Ward-2, Thodupuzha
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