Kizhakkambalam Service Co-Op. Bank Ltd. v. The Income-tax Officer, Ward-2, Cochin/The Commissioner of Income-tax (Appeals), Kochi
[Citation -2020-LL-0313-80]

Citation 2020-LL-0313-80
Appellant Name Kizhakkambalam Service Co-Op. Bank Ltd.
Respondent Name The Income-tax Officer, Ward-2, Cochin/The Commissioner of Income-tax (Appeals), Kochi
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 13/03/2020
Assessment Year 2017-18
Judgment View Judgment
Keyword Tags stay petition • recovery proceeding
Bot Summary: No.7739 OF 2020 2 JUDGMENT Dated this the 13th day of March 2020 The petitioner, a Primary Agricultural Credit Society, has filed Exhibit P2-appeal, aggrieved by Exhibit P1-assessment order for the year 2017-18. Along with Exhibit P2-appeal the petitioner has also preferred Exhibit P3-stay petition. The limited prayer in this writ petition is for an expeditious consideration of either Exhibit P2-appeal or Exhibit P3-stay petition and to defer the recovery proceedings on the basis of the assessment order till such consideration. Heard the learned Standing Counsel for the Income Tax Department also. Considering the limited relief sought, I am inclined to dispose of the writ petition directing the 2nd respondent to consider Exhibit P3-stay petition and to pass orders thereon WP(C). No.7739 OF 2020 3 within a period of three months from the date of receipt of copy of this judgment. Till a decision is taken on Exhibit P3- stay petition, all further proceedings based on Exhibit P1-assessment order shall be kept in abeyance.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941 WP(C).No.7739 OF 2020(N) PETITIONER: M/S. KIZHAKKAMBALAM SERVICE CO-OP. BANK LTD., NO.R.83, KIZHAKKAMBALAM, ALUVA, ERNAKULAM-683562, REPRESENTED BY ITS SECRETARY, SHRI GIGO VARGHESE BY ADVS. SRI.T.M.SREEDHARAN (SR.) SMT.NISHA JOHN SRI.V.P.NARAYANAN RESPONDENTS: 1 INCOME TAX OFFICER, WARD-2, KAPO COMMERCIAL COMPLEX, R.S. ROAD, ALUVA, COCHIN-683 101. 2 COMMISSIONER OF INCOME TAX(APPEALS), 28/243, POORNIMA, NEAR MANORAMA JUCTION, PANAMPILLY NAGAR, KOCHI-682 036. R1-2 BY SC CHRISTOPHER ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.7739 OF 2020 2 JUDGMENT Dated this 13th day of March 2020 petitioner, Primary Agricultural Credit Society, has filed Exhibit P2-appeal, aggrieved by Exhibit P1-assessment order for year 2017-18. Along with Exhibit P2-appeal petitioner has also preferred Exhibit P3-stay petition. 2. limited prayer in this writ petition is for expeditious consideration of either Exhibit P2-appeal or Exhibit P3-stay petition and to defer recovery proceedings on basis of assessment order till such consideration. 3. Heard learned Standing Counsel for Income Tax Department also. 4. Considering limited relief sought, I am inclined to dispose of writ petition directing 2nd respondent to consider Exhibit P3-stay petition and to pass orders thereon WP(C).No.7739 OF 2020 3 within period of three months from date of receipt of copy of this judgment. 5. Till decision is taken on Exhibit P3- stay petition, all further proceedings based on Exhibit P1-assessment order shall be kept in abeyance. writ petition is disposed of as above. Sd/- V.G.ARUN JUDGE SSK/13/3 WP(C).No.7739 OF 2020 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 29.12.2019 AND RECTIFIED ORDER DATED 27.01.2020 FOR AY-2017-18 ALOG WITH DEMAND NOTICES AND COMPUTATION STATEMENTS PASSED BY 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF MEMORANDUM OF APPEAL DATED 25.02.2020 E-FILED BY PETITIONER BEFORE 2ND RESPONDENT FOR AY-2017-18. EXHIBIT P3 TRUE COPY OF STAY PETITION DATED 07.03.2020 FILED BY PETITIONER FOR AY- 2017-18 BEFORE 2ND RESPONDENT. RESPONDENT'S EXHIBITS:NIL SSK TRUE COPY PA TO JUDGE Kizhakkambalam Service Co-Op. Bank Ltd. v. Income-tax Officer, Ward-2, Cochin/The Commissioner of Income-tax (Appeals), Kochi
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