The Paravur Service Co-Operative Bank Ltd. v. The ITO, Ward-2, Kollam Range, Kollam / The CIT (A), Thiruvananthapuram / The Kerala State Co-Op. Bank (Formerly Known As Kollam District Co-Op. Bank), Kollam
[Citation -2020-LL-0316-32]

Citation 2020-LL-0316-32
Appellant Name The Paravur Service Co-Operative Bank Ltd.
Respondent Name The ITO, Ward-2, Kollam Range, Kollam / The CIT (A), Thiruvananthapuram / The Kerala State Co-Op. Bank (Formerly Known As Kollam District Co-Op. Bank), Kollam
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 16/03/2020
Assessment Year 2017-18
Judgment View Judgment
Keyword Tags stay petition • recovery proceeding


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, 16TH DAY OF MARCH 2020 / 26TH PHALGUNA, 1941 WP(C).No.7760 OF 2020(T) PETITIONER/S: PARAVUR SERVICE CO-OPERATIVE BANK LTD.NO.1801 REPRESENTED BY ITS SECRETARY, PARAVUR P O, KOLLAM DISTRICT, PIN-691301. BY ADVS. SRI.T.R.HARIKUMAR SRI.ARJUN RAGHAVAN RESPONDENT/S: 1 INCOME TAX OFFICER, WARD -2, OFFICE OF INCOME TAX OFFICER, KOLLAM RANGE, AAYAKAR BHAVAN, KARBALA JUNCTION, KOLLAM, PIN- 691001. 2 COMMISSIONER OF INCOME TAX(APPEALS) AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM-PIN- 695003. 3 KERALA STATE CO-OPERATIVE BANK (FORMERLY KNOWN AS KOLLAM DISTRICT CO-OPERATIVE BANK), HEAD OFFICE, KOLLAM DISTRICT-PIN-691001, REPRESENTED BY ITS GENERAL MANAGER. OTHER PRESENT: SRI CHRISTOPHER ABRAHAM SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.03.2020, COURT ON SAME DAY DELIVERED FOLLOWING: JUDGMENT Dated this 16th day of March 2020 Petitioner has approached this Court seeking direction to dispose of Ext.P3 appeal preferred before third 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 third 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 JUDGE SM 3 WP(C).No.7760 OF 2020 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER FOR YEAR 2017-2018 DATED 29.11.2019. EXHIBIT P2 TRUE COPY OF NOTICE ISSUED UNDER SECTION 156 OF INCOME TAX ACT DATED 29.11.2019. EXHIBIT P3 TRUE COPY OF ONLINE APPEAL DATED 04.12.2019, FILED AGAINST EXT P1 ASSESSMENT ORDER, BEFORE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF STAY PETITION FILED BY PETITIONER IN EXT P3 APPEAL DATED 10.03.2020. EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 19.07.2019 IN WA NO. 1639 OF 2019. EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 17.02.2020 IN WP(C) NO.4433 OF 2020. Paravur Service Co-Operative Bank Ltd. v. ITO, Ward-2, Kollam Range, Kollam / CIT (A), Thiruvananthapuram / Kerala State Co-Op. Bank (Formerly Known As Kollam District Co-Op. Bank), Kollam
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