Karakulam Service Co-Operative Bank Ltd. v. The ITO, Ward-2(3), Thiruvananthapuram / The CIT (Appeals), Thiruvananthapuram
[Citation -2020-LL-0303-25]

Citation 2020-LL-0303-25
Appellant Name Karakulam Service Co-Operative Bank Ltd.
Respondent Name The ITO, Ward-2(3), Thiruvananthapuram / The CIT (Appeals), Thiruvananthapuram
Relevant Act Income-tax
Date of Order 03/03/2020
Assessment Year 2012-13
Judgment View Judgment
Keyword Tags demand notice • stay petition • recovery proceeding

IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, 03RD DAY OF MARCH 2020 / 13TH PHALGUNA, 1941 WP(C).No.6303 OF 2020(K) PETITIONER/S: 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.) SMT. NISHA JOHN SRI. V. P. NARAYANAN RESPONDENT/S: 1 INCOME TAX OFFICER, WARD 2(3), AAYAKKAR BHAVAN, THIRUVANANTHAPURAM-695003. 2 COMMISSIONER OF INCOME TAX (APPEALS), AYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM-695003. BY SRI CHRISTOPHER ABRAHAM SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.6303 OF 2020 2 JUDGMENT Dated this 3rd day of March 2020 Petitioner has approached this Court seeking direction to dispose of Ext.P2 appeal preferred before 2nd 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 2nd 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 WP(C).No.6303 OF 2020 3 proceedings pursuant to assessment order shall be kept in abeyance. Sd/- AMIT RAWAL JUDGE uu 03.03.2020 WP(C).No.6303 OF 2020 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER AND DEMAND NOTICE DATED 20.12.2019 ALONG WITH COMPUTATION OF INCOME ALONG WITH DEMAND OF INCOME TAX FOR AY 2012-13 BY 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF MEMORANDUM OF APPEAL E-FILED DATED 22.1.2020 FOR ASSESSMENT YEAR 2012-13 FILED BEFORE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF STAY PETITION DATED 15.1.2020 FILED BY PETITIONER FOR AY-2012-13 BEFORE 2ND RESPONDENT Karakulam Service Co-Operative Bank Ltd. v. ITO, Ward-2(3), Thiruvananthapuram / CIT (Appeals), Thiruvananthapuram
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