Kavalangad Service Co-Operative Bank Ltd. v. ITO, Ward-2, Aluva / CIT (A)-2, Cochin
[Citation -2020-LL-0309-33]

Citation 2020-LL-0309-33
Appellant Name Kavalangad Service Co-Operative Bank Ltd.
Respondent Name ITO, Ward-2, Aluva / CIT (A)-2, Cochin
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 09/03/2020
Assessment Year 2017-18
Judgment View Judgment
Keyword Tags demand notice • recovery proceeding
Bot Summary: No.7042 OF 2020(E) 2 JUDGMENT Petitioner has approached this Court seeking a direction to dispose of Ext.P3 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.P3 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, 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941 WP(C).No.7042 OF 2020(E) PETITIONER/S: KAVALANGAD SERVICE CO-OPERATIVE BANK LTD. NO.1348, KAVALANGAD, NELLIMATTOM P.O., ERNAKULAM-686693, REPRESENTED BY ITS SECRETARY. BY ADVS. SRI.C.A.JOJO SMT.SWATHY S. RESPONDENT/S: 1 INCOME TAX OFFICER, WARD-2, ALUVA P.O., ALUVA-683101. 2 COMMISSIONER OF INCOME TAX (APPEALS)-2, OFFICE OF COMMISSIONER OF INCOME TAX, COCHIN-682018. OTHER PRESENT: SRI CHRISTOPHER ABRAHAM SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.03.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.7042 OF 2020(E) 2 JUDGMENT Petitioner has approached this Court seeking direction to dispose of Ext.P3 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.P3 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.7042 OF 2020(E) 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER FOR AY 2017-18 DATED 29/12/2019 ISSUED BY FIRST RESPONDENT. EXHIBIT P2 TRUE COPY OF DEMAND NOTICE U/S. 156 DATED 29/12/2019 ISSUED BY FIRST RESPONDENT. EXHIBIT P3 TRUE COPY OF APPEAL FOR AY 2017- 18 BEFORE 2ND RESPONDENT DATED 27/01/2020. EXHIBIT P4 TRUE COPY OF LETTER OF DEMAND DATED 24/02/2020 ISSUED BY 1ST RESPONDENT. Kavalangad Service Co-Operative Bank Ltd. v. ITO, Ward-2, Aluva / CIT (A)-2, Cochin
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