Karakulam Service Co-Operative Bank Ltd. v. The Income-tax Officer, Ward-2(3), Thiruvananthapura / The Commissioner of Income-tax (Appeals), Thiruvananthapuram
[Citation -2020-LL-0228-51]

Citation 2020-LL-0228-51
Appellant Name Karakulam Service Co-Operative Bank Ltd.
Respondent Name The Income-tax Officer, Ward-2(3), Thiruvananthapura / The Commissioner of Income-tax (Appeals), Thiruvananthapuram
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 statutory appeal • stay of recovery • demand notice • stay petition • collection of tax • disposal of appeals
Bot Summary: V.P.Narayanan, 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/ 2 nd 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.5936 OF 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.5936 OF 2020(N) PETITIONER: M/S.KARAKULAM SERVICE CO-OPERATIVE BANK LTD., KP-1/382, KARAKULAM.P.O., NEDUMANGAD, TRIVANDRUM-695564, REPRESENTED BY ITS SECRETARY, SHRI K.PADMAKUMAR. BY ADVS. SRI.T.M.SREEDHARAN (SR.) SRI.V.P.NARAYANAN SMT.DIVYA RAVINDRAN RESPONDENTS: 1 INCOME TAX OFFICER, WARD 2(3), AAYAKKAR BHAVAN, THIRUVANANTHAPURAM - 695003. 2 COMMISSIONER OF INCOME TAX (APPEALS), AYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM-695003. SRI. JOSE JOSEPH, SC 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.5936 OF 2020(N) 2 JUDGMENT Dated this 28th day of February, 2020 Heard Sri. V.P.Narayanan, 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)/ 2 nd 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.5936 OF 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.5936 OF 2020(N) 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER AND DEMAND NOTICE DATED 16.12.2019 ALONG WITH COMPUTATION OF INCOME ALONG WITH DEMAND OF INCOME TAX FOR AY 2017-18 BY 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF MEMORANDUM OF APPEAL E- FILED DATED 21.1.2020 FOR ASSESSMENT YEAR 2017-18 FILED BEFORE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF STAY PETITION DATED 15.1.2020 FILED BY PETITIONER FOR AY- 2017-18 BEFORE 2ND RESPONDENT. SR //True copy// PA to Judge Karakulam Service Co-Operative Bank Ltd. v. Income-tax Officer, Ward-2(3), Thiruvananthapura / Commissioner of Income-tax (Appeals), Thiruvananthapuram
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