The Poyya Service Co-Operative Society Ltd. v. The Commissioner of Income-tax (Appeals), Thrissur / The Income-tax Officer, Ward-2(4), Thrissur
[Citation -2020-LL-0228-53]

Citation 2020-LL-0228-53
Appellant Name The Poyya Service Co-Operative Society Ltd.
Respondent Name The Commissioner of Income-tax (Appeals), Thrissur / The Income-tax Officer, Ward-2(4), Thrissur
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 28/02/2020
Assessment Year 2010-11
Judgment View Judgment
Keyword Tags collection of tax • statutory appeal • stay of recovery • 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.6101/2020 -3- Hence, the writ petition is disposed of directing the Commissioner of Income Tax/1st 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 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.6101 OF 2020(K) PETITIONER/S: POYYA SERVICE CO-OPERATIVE SOCIETY LTD. NO. 812 POOPPATHY P.O., POOPPATHY, (VIA) MALA, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.O.D.SIVADAS RESPONDENT/S: 1 COMMISSIONER OF INCOME TAX (APPEALS) AYAKAR BHAVAN, SHAKTAN NAGAR, THRISSUR, PIN-680 001. 2 INCOME TAX OFFICER, WARD 2(4), SHAKTAN NAGAR, THRISSUR, PIN-680 001. OTHER PRESENT: SC - 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.6101/2020 -2- JUDGMENT Dated this 28th day of February 2020 Heard Advocate O.D.Sivadas 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.6101/2020 -3- Hence, writ petition is disposed of directing Commissioner of Income Tax (Appeals)/1st respondent to consider and dispose of statutory appeal 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 appeal. Sd/- S.V.BHATTI JUDGE jjj W.P.(C) No.6101/2020 -4- APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER DATED 01.11.2017 ISSUED BY 2ND RESPONDENT FOR PERIOD 2010-11. EXHIBIT P2 COPY OF APPEAL DATED 16.12.2017 FILED BY PETITIONER BEFORE 1ST RESPONDENT FOR PERIOD 2010-11. EXHIBIT P3 COPY OF ORDER PROCEEDING DATED 10.02.2020 ISSUED BY 2ND RESPONDENT. Poyya Service Co-Operative Society Ltd. v. Commissioner of Income-tax (Appeals), Thrissur / Income-tax Officer, Ward-2(4), Thrissur
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