The Kuttikad Farmers Service Co-Operative Bank Ltd. v. Commissioner of Income-tax (Appeals), Thrissur / Income-tax Officer, Ward-2(2), Thrissur
[Citation -2020-LL-0228-52]

Citation 2020-LL-0228-52
Appellant Name The Kuttikad Farmers Service Co-Operative Bank Ltd.
Respondent Name Commissioner of Income-tax (Appeals), Thrissur / Income-tax Officer, Ward-2(2), Thrissur
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 28/02/2020
Assessment Year 2012-13, 2017-18
Judgment View Judgment
Keyword Tags collection of tax • stay of recovery • statutory appeal • 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. W.P.(C) No. 6064/2020 -3- Hence, the writ petition is disposed of directing the Commissioner of Income Tax/ 1 st respondent to consider and dispose of the statutory appeals filed by the 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 2019 KHC 287 and to keep in abeyance recovery proceedings and collection of tax assessed, pending disposal of such appeals.


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.6064 OF 2020(G) PETITIONER/S: KUTTIKAD FARMERS SERVICE CO-OPERATIVE BANK LTD KUTTIKKAD P.O.THRICHUR, PIN-680 724. REPRESENTED BY ITS MANAGING DIRECTOR K G LISSY. BY ADVS. SRI.A.KUMAR SRI.P.J.ANILKUMAR SMTG.MINI(1748) SRI.P.S.SREE PRASAD SHRI.ABRAHAM JOB SRI.AJAY V.ANAND RESPONDENT/S: 1 COMMISSIONER OF INCOME-TAX (APPEALS) AAYAKAR BHAVAN, INCOME TAX OFFICE, SHAKTHAN THAMPURAN NAGAR, THRISSUR-680 001. 2 INCOME TAX OFFICER, WARD 2(2) ,THRISSUR,AAYAKKAR BHAVAN, INCOME TAX OFFICE, SHAKTHAN THAMPURAN NAGAR, THRISSUR-680 001. OTHER PRESENT: SC - SRI. JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2020, COURT ON SAME DAY DELIVERED FOLLOWING: W.P.(C) No. 6064/2020 -2- JUDGMENT Dated this 28th day of February 2020 Heard Advocate A. Kumar for petitioner and Advocate 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. W.P.(C) No. 6064/2020 -3- Hence, writ petition is disposed of directing Commissioner of Income Tax (Appeals)/ 1 st respondent to consider and dispose of statutory appeals filed by petitioner herein at earliest taking note of Full Bench decision reported in 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 appeals. Sd/- S.V.BHATTI JUDGE jjj W.P.(C) No. 6064/2020 -4- APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER FOR AY 2012-13 DATED 15.10.2019 EXHIBIT P1 (A) TRUE COPY OF ASSESSMENT ORDER FOR AY 2017-18 DATED 11.10.2019 EXHIBIT P2 TRUE COPY OF NOTICE OF DEMAND UNDER SECTION 156 FOR AY 2012-13 DATED 15.10.2019 EXHIBIT P2 (A) TRUE COPY OF NOTICE OF DEMAND UNDER SECTION 156 FOR AY 2017-18 DATED 11.10.2019 EXHIBIT P3 TRUE COPY OF APPEAL FILED IN FROM 35 FOR AY 2012- 13 DATED 21.1.2020 EXHIBIT P3 (A) TRUE COPY OF APPEAL FILED IN FROM 35 FOR AY 2017- 18 DATED 21.1.2020 EXHIBIT P4 TRUE COPY OF STAY APPLICATION FOR AY 2012-13 DATED NIL EXHIBIT P4 TRUE COPY OF STAY APPLICATION FOR AY 2017-18 DATED 'NIL' EXHIBIT P5 TRUE COPY OF APPLICATION TO CONDONE DELAY FOR AY 2012-13 DATED 'NIL' EXHIBIT P6 TRUE COPY OF JUDGMENT OF HON'BLE DIVISION BENCH IN WRIT APPEAL 1529/2019 DATED 01.07.2019 Kuttikad Farmers Service Co-Operative Bank Ltd. v. Commissioner of Income-tax (Appeals), Thrissur / Income-tax Officer, Ward-2(2), Thrissur
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