Anakkara Service Co-Operative Bank Ltd. v. The ITO, Ward-3, Palakkad / The CIT (Appeals), Thrissur
[Citation -2020-LL-0303-26]

Citation 2020-LL-0303-26
Appellant Name Anakkara Service Co-Operative Bank Ltd.
Respondent Name The ITO, Ward-3, Palakkad / The CIT (Appeals), Thrissur
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 03/03/2020
Assessment Year 2017-18
Judgment View Judgment
Keyword Tags stay petition
Bot Summary: No.5431 OF 2020(D) 2 JUDGMENT Petitioner has approached this Court seeking a direction to dispose of Ext.P2 appeal preferred before the second 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 second 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 TUESDAY, 03RD DAY OF MARCH 2020 / 13TH PHALGUNA, 1941 WP(C).No.5431 OF 2020(D) PETITIONER/S: ANAKKARA SERVICE CO-OPERATIVE BANK LTD 01 KUMBIDI P. O. PALAKKAD, PALAKKAD 679553, KERALA, REPRESENTED BY ITS SECRETARY SHRI. T. E ANIL KUMAR. BY ADVS. SRI. T. M. SREEDHARAN (SR.) SRI. V. P. NARAYANAN SMT. DIVYA RAVINDRAN SMT. NISHA JOHN RESPONDENT/S: 1 INCOME TAX OFFICER WARD-3, AAYAKAR BHAVAN, PALAKKAD 678014. 2 COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAWAN, SAKTHAN THAMPURAN NAGAR, THRISSUR 680001. OTHER PRESENT: SRI JOSE JOSEPH SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.5431 OF 2020(D) 2 JUDGMENT Petitioner has approached this Court seeking direction to dispose of Ext.P2 appeal preferred before second 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 second 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 sab JUDGE WP(C).No.5431 OF 2020(D) 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 19.12.2019 FOR AY-2017-18 ALONG WITH DEMAVEND NOTICE AND COMPUTATION STATEMENT PASSED BY 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF MEMORANDUM OF APPEAL DATED 12.1.2020 FILED BY PETITIONER BEFORE 2ND RESPONDENT FOR AY-2017-18. EXHIBIT P3 TRUE COPY OF STAY PETITION DATED 18.2.2020 FILED BY PETITIONER FOR AY 2017-18 BEFORE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF APPLICATION U/S 220(6) OF ACT DATED 18.2.2020 SUBMITTED BEFORE 1ST RESPONDENT. Anakkara Service Co-Operative Bank Ltd. v. ITO, Ward-3, Palakkad / CIT (Appeals), Thrissur
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