The Amballur Service Co-Operative Bank Ltd. v. The CIT (A), Thrissur / The ITO, Ward-2(1), Thrissur
[Citation -2020-LL-0312-38]

Citation 2020-LL-0312-38
Appellant Name The Amballur Service Co-Operative Bank Ltd.
Respondent Name The CIT (A), Thrissur / The ITO, Ward-2(1), Thrissur
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 12/03/2020
Judgment View Judgment
Keyword Tags stay petition • recovery proceeding
Bot Summary: No.7600 OF 2020 2 JUDGMENT Dated this the 12th day of March 2020 The petitioner, a primary agricultural credit society and an assesse on the files of the 2nd respondent, is aggrieved by the condition of payment of 20 of the demands for grant of stay, pending consideration of Exts.P4 and P9 appeals filed against Exts.P2 and P7 assessment orders. Considering the nature of the contentions raised, and the fact of the condition of payment of 20 of the tax assessed imposed on similarly situated societies being held to be bad by a Division Bench in its judgment in W.A.No. 1529 of 2019, this writ petition is disposed of directing consideration of Exts.P4 and P9 appeals on merit, without insisting for remittance of 20 as demanded under Ext.P5. The recovery proceedings based on Exts.P2 and P7 assessment orders shall be kept in abeyance WP(C). No.7600 OF 2020 3 till the appeals are decided. The 1st respondent shall endevour to dispose of the appeals as expeditiously as possible.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, 12TH DAY OF MARCH 2020 / 22ND PHALGUNA, 1941 WP(C).No.7600 OF 2020(Y) PETITIONER/S: AMBALLUR SERVICE CO-OPERATIVE BANK LTD.NO.503 NO.503, MANNAMPETTA, P.O.VARAKKARA, ALAGAPPANAGAR, THRISSUR-680 302, REPRESENTED BY ITS SECRETARY BY ADV. SRI.P.C.SASIDHARAN RESPONDENT/S: 1 COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, S.T.NAGAR, THRISSUR-680 001 2 INCOME TAX OFFICER, WARD 2 (1), THRISSUR, OFFICE OF INCOME TAX OFFICER, THRISSUR-680 001 BY SC JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.03.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.7600 OF 2020 2 JUDGMENT Dated this 12th day of March 2020 petitioner, primary agricultural credit society and assesse on files of 2nd respondent, is aggrieved by condition of payment of 20% of demands for grant of stay, pending consideration of Exts.P4 and P9 appeals filed against Exts.P2 and P7 assessment orders. 2. Considering nature of contentions raised, and fact of condition of payment of 20% of tax assessed imposed on similarly situated societies being held to be bad by Division Bench in its judgment in W.A.No.1529 of 2019, this writ petition is disposed of directing consideration of Exts.P4 and P9 appeals on merit, without insisting for remittance of 20% as demanded under Ext.P5. recovery proceedings based on Exts.P2 and P7 assessment orders shall be kept in abeyance WP(C).No.7600 OF 2020 3 till appeals are decided. 1st respondent shall endevour to dispose of appeals as expeditiously as possible. writ petition is disposed of accordingly. Sd/- V.G.ARUN JUDGE uu 12.03.2020 WP(C).No.7600 OF 2020 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF CERTIFICATE OF REGITRATION ISSUED BY JOINT REGISTRAR (GENERAL) THRISSUR DATED 28.5.14 EXHIBIT P2 TRUE COPY OF ASSESSMENT ORDER DATED 5.12.2019 EXHIBIT P3 TRUE COPY OF COMPUTATION SHEET EXHIBIT P4 TRUE COPY OF APPEAL DATED 21.1.2020 EXHIBIT P5 TRUE COPY OF ORDER DATED 4.2.2020 EXHIBIT P6 TRUE COPY OF STAY PETITION DATED 12/2/2020 EXHIBIT P7 TRUE COPY OF ASSESSMENT ORDER DATED 23.12.2019 EXHIBIT P8 TRUE COPY OF COMPUTATION SHEET EXHIBIT P9 TRUE COPY OF APPEAL DATED 21.1.2020 EXHIBIT P10 TRUE COPY OF ORDER DATED 4.2.2020 EXHIBIT P11 TRUE COPY OF STAY PETITION DATED 12.2.2020 EXHIBIT P12 TRUE COPY OF NOTICE DATED 6.3.2020 EXHIBIT P13 TRUE COPY OF JUDGMENT DATED 1.7.2019 Amballur Service Co-Operative Bank Ltd. v. CIT (A), Thrissur / ITO, Ward-2(1), Thrissur
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