Koyyode Service Co-Operative Bank v. The Income-tax Officer, Ward-1 & TPS, Kannur / The Principal Commissioner of Income-tax, Kozhikode / The Commissioner of Income-tax (Appeals), Kozhikode
[Citation -2020-LL-0317-52]

Citation 2020-LL-0317-52
Appellant Name Koyyode Service Co-Operative Bank
Respondent Name The Income-tax Officer, Ward-1 & TPS, Kannur / The Principal Commissioner of Income-tax, Kozhikode / The Commissioner of Income-tax (Appeals), Kozhikode
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 17/03/2020
Assessment Year 2017-18
Judgment View Judgment
Keyword Tags application for stay • stay petition • recovery proceeding
Bot Summary: SRI.CHRISTOPHER ABRAHAM SC THIS WRIT PETITION HAVING COME UP FOR ADMISSION ON 17.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.8396/2020 2 JUDGMENT The petitioner has approached this Court seeking a direction to consider and dispose of Ext.P2 appeal preferred before the third respondent/Commissioner of Income Tax and Ext.P4 stay petition before the first respondent/Income Tax Officer against Ext.P1 assessment order. Having heard the learned counsel on both sides, this writ petition is disposed of with a direction to the third respondent to take a decision on Ext.P2 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 TUESDAY, 17TH DAY OF MARCH 2020 / 27TH PHALGUNA, 1941 WP(C).No.8396 OF 2020(Y) PETITIONER: M/s.KOYYODE SERVICE CO-OPERATIVE BANK C 6408 KOYYODE.P.O, KANNUR-670621, REPRESENTED BY ITS SECRETARY SHISNA.T.C. BY ADV. SRI.S.ARUN RAJ RESPONDENTS: 1 INCOME TAX OFFICER WARD-1 & TPS, AAYAKAR BHAVAN, KANNUR-670006. 2 PRINCIPAL COMMISSIONER OF INCOME TAX, AAYAKAR BHAVAN,NORTH BLOCK, MANANCHIRA, KOZHIKODE-673001. 3 COMMISSIONER OF INCOME TAX(APPEALS), AAYAKAR BHAVAN,MANANCHIRA, KOZHIKODE-673001. SRI.CHRISTOPHER ABRAHAM SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.03.2020, COURT ON SAME DAY DELIVERED FOLLOWING: W.P.(C) No.8396/2020 2 JUDGMENT petitioner has approached this Court seeking direction to consider and dispose of Ext.P2 appeal preferred before third respondent/Commissioner of Income Tax (Appeals) and Ext.P4 stay petition before first respondent/Income Tax Officer against Ext.P1 assessment order. Having heard learned counsel on both sides, this writ petition is disposed of with direction to third respondent to take decision on Ext.P2 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.8396/2020 3 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 12.12.2019 PASSED BY 1ST RESPONDENT UNDER SECTION 143(3)OF ACT FOR AY 2017-18 EXHIBIT P2 TRUE COPY OF FIRST APPEAL FILED BY THGE PETITIONER BEFORE 3RD RESPONDENT FOR AY-2017-18 EXHIBIT P3 TRUE COPY OF APPLICATION FOR STAY FILED BY PETITIONER BEFORE 1ST RESPONDENT FOR AY 2017-18 EXHIBIT P4 TRUE COPY OF ORDER DATED 25.2.2020 PASSED BY 1ST RESPONDENT DISPOSING STAY PETITION FOR AY 2017-18. Koyyode Service Co-Operative Bank v. Income-tax Officer, Ward-1 & TPS, Kannur / Principal Commissioner of Income-tax, Kozhikode / Commissioner of Income-tax (Appeals), Kozhikode
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