Kunhimangalam Service Co-Operative Bank Ltd. v. The ITO, Ward-1 And Tps, Kannur / The PCIT, kozhikode / The CIT (Appeals), kozhikode
[Citation -2020-LL-0302-43]

Citation 2020-LL-0302-43
Appellant Name Kunhimangalam Service Co-Operative Bank Ltd.
Respondent Name The ITO, Ward-1 And Tps, Kannur / The PCIT, kozhikode / The CIT (Appeals), kozhikode
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 02/03/2020
Assessment Year 2017-18
Judgment View Judgment
Keyword Tags recovery proceeding
Bot Summary: No. 6231 OF 2020 -2- JUDGMENT Petitioner has approached this Court seeking a direction to dispose of Ext.P2 appeal preferred before the third respondent/Commissioner of Income Tax against the assessment order Ext.P1. 2. Having heard the learned counsel on both sides, the writ petition is disposed of with a direction to the third respondent to take a decision on Ext.P2 appeal in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of three months from the date of receipt of a copy of this judgment without insisting on payment of 20 of the tax demanded, as per circular of 2017. Till such time a decision is taken on the appeal, recovery proceedings pursuant to the assessment order shall be kept in abeyance.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, 02 ND DAY OF MARCH 2020 / 12TH PHALGUNA, 1941 WP(C). No. 6231 OF 2020(D) PETITIONER: KUNHIMANGALAM SERVICE CO-OPERATIVE BANK LTD., NO. C 4682, KUNHIMANGALAM, KANNUR-670309 REPRESENTED BY ITS SECRETARY USHAKUMARI VADAKKE PURAYIL. BY ADVS. SRI. S. ARUN RAJ SMT. C. T. SUJA SRI. ARJUN S. RAJ RESPONDENTS: 1 INCOME TAX OFFICER, WARD-1 AND TPS, AAYAKKAR BHAWAN, KANNOTHUMCHAL, CHOVVA P. O., KANNUR-670006. 2 PRINCIPAL COMMISSIONER OF INCOME TAX AAYAKAR BHAVAN, NORTH BLOCK, MANANCHIRA, KOZHIKODE- 673001. 3 COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAVAN, MANANCHIRA, KOZHIKODE-673001. OTHER PRESENT: SRI CHRISTOPHER ABRAHAM SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.03.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C). No. 6231 OF 2020 -2- JUDGMENT Petitioner has approached this Court seeking direction to dispose of Ext.P2 appeal preferred before third respondent/Commissioner of Income Tax (Appeals) against assessment order Ext.P1. 2. Having heard learned counsel on both sides, writ petition is disposed of with direction to third respondent to take decision on Ext.P2 appeal in accordance with law, after affording opportunity of hearing to petitioner, within period of three months from date of receipt of copy of this judgment without insisting on payment of 20% of tax demanded, as per circular of 2017. Till such time decision is taken on appeal, recovery proceedings pursuant to assessment order shall be kept in abeyance. Sd/- AMIT RAWAL JUDGE vv WP(C). No. 6231 OF 2020-3- APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 12.12.2019 PASSED BY IST RESPONDENT UNDER SECTION 143(3) OF ACT FOR AY 2017-18. EXHIBIT P2 TRUE COPY OF FIRST APPEAL FILED BY PETITIONER BEFORE 3RD RESPONDENT FOR AY 2017-18. EXHIBIT P3 TRUE COPY OF STAY APPLICATION DATED 11.2.2020 FILED BEFORE IST RESPONDENT FOR AY 2017-18. TRUE COPY PA TO JUDGE Kunhimangalam Service Co-Operative Bank Ltd. v. ITO, Ward-1 And Tps, Kannur / PCIT, kozhikode / CIT (Appeals), kozhikode
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