Pattanakkad Service Co-Operative Bank Limited v. CIT (A), Kottayam / ITO, Ward-5, Alappuzha
[Citation -2020-LL-0316-33]

Citation 2020-LL-0316-33
Appellant Name Pattanakkad Service Co-Operative Bank Limited
Respondent Name CIT (A), Kottayam / ITO, Ward-5, Alappuzha
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 application for stay • stay petition • demand notice
Bot Summary: SRI JOSE JOSEPH SC THIS WRIT PETITION HAVING COME UP FOR ADMISSION ON 16.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.7989/2020 2 JUDGMENT The petitioner has approached this Court seeking a direction to dispose of Ext.P3 appeal and Ext.P5 stay petition preferred before the first respondent/ Commissioner of Income Tax against Ext.P2 assessment order. Having heard the learned counsel on both sides, this writ petition is disposed of with a direction to the first 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, 16TH DAY OF MARCH 2020 / 26TH PHALGUNA, 1941 WP(C).No.7989 OF 2020(W) PETITIONER: PATTANAKKAD SERVICE CO-OPERATIVE BANK LIMITED REPRESENTED BY ITS SECRETARY, PATTANAKAD P.O., CHERTHALA, ALAPPUZHA-690531. BY ADVS. SRI.V.G.ARUN (K/795/2004) SMT.V.JAYA RAGI SRI.R.HARIKRISHNAN (KAMBISSERIL) SRI.NEERAJ NARAYAN RESPONDENTS: 1 COMMISSIONER OF INCOME TAX (APPEALS) BAKER HILLS, KOTTAYAM-686002. 2 INCOME TAX OFFICER, WARD 5, ALAPPUZHA, ARATTUKULANKARA COMPLEX, A.N.PURAM, ALAPPUZHA-688011. SRI JOSE JOSEPH SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.03.2020, COURT ON SAME DAY DELIVERED FOLLOWING: W.P.(C) No.7989/2020 2 JUDGMENT petitioner has approached this Court seeking direction to dispose of Ext.P3 appeal and Ext.P5 stay petition preferred before first respondent/ Commissioner of Income Tax (Appeals) against Ext.P2 assessment order. 2. Having heard learned counsel on both sides, this writ petition is disposed of with direction to first 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 csl W.P.(C) No.7989/2020 3 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE PHOTOCOPY OF RETURN OF INCOME DATED 30.03.2018 FOR ASSESSMENT YEAR 2017-18. EXHIBIT P2 TRUE PHOTOCOPY OF ASSESSMENT ORDER DATED 26.12.2019 ALONG WITH DEMAND NOTICE ISSUED UNDER SECTION 156 OF INCOME TAX ACT DATED 26.12.2019 ISSUED FOR YEAR 2017-18 BY 2ND RESPONDENT. EXHIBIT P3 TRUE PHOTOCOPY OF APPEAL DATED 23.01.2020 FILED FOR YEAR 2017-18 BEFORE 1ST RESPONDENT. EXHIBIT P4 TRUE PHOTOCOPY OF ORDER DATED 06.02.2020 ISSUED BY 2ND RESPONDENT. EXHIBIT P5 TRUE PHOTOCOPY OF APPLICATION FOR STAY DATED 10.02.2020 FILED BY PETITIONER BEFORE 1ST RESPONDENT. Pattanakkad Service Co-Operative Bank Limited v. CIT (A), Kottayam / ITO, Ward-5, Alappuzha
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