Kanhirode Service Co-Operative Bank Ltd. v. The Income-tax Officer, Ward-1 And TPS, Kannur / The Principal Commissioner of Income-tax, Kozhikode / The Commissioner of Income-tax (Appeals), Kozhikode
[Citation -2020-LL-0317-59]

Citation 2020-LL-0317-59
Appellant Name Kanhirode Service Co-Operative Bank Ltd.
Respondent Name The Income-tax Officer, Ward-1 And 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 stay petition • recovery proceeding
Bot Summary: No.8306 OF 2020 -2- JUDGMENT Petitioner has approached this Court seeking a direction to dispose of Ext.P2 appeal preferred before the third respondent/Commissioner of Income Tax against the assessment order Ext.P1. 2. Having heard the learned counsel on both sides, the 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.8306 OF 2020(K) PETITIONER: KANHIRODE SERVICE CO-OPERATIVE BANK LTD KANHORODE P.O.KANNUR-670 592, REPRESENTED BY ITS SECRETARY PRADEEPAN K. BY ADV. SRI.S.ARUN RAJ RESPONDENTS: 1 INCOME TAX OFFICER WARD-1 AND TPS, AAYAKAR BHAVAN, KANNUR-670 006. 2 PRINCIPAL COMMISSIONER OF INCOME TAX, AAYAKAR BHAVAN, NORTH BLOCK, MANANCHIRA, KOZHIKODE- 673 001. 3 COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, MANANCHIRA, KOZHIKODE-673 001. OTHER PRESENT: SRI CHRISTOPHER ABRAHAM SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.03.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.8306 OF 2020 -2- JUDGMENT Petitioner has approached this Court seeking direction to dispose of Ext.P2 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.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 vv WP(C).No.8306 OF 2020 -3- APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 31.12.2015 PASSED BY 1ST RESPONDENT UNDER SECTION 143 (3) OF ACT FOR AY 2017-18 EXHIBIT P2 TRUE COPY OF FIRST APPEAL FILED BY PETITIONER BEFORE 3RD RESPONDENT FOR AY 2017-18 EXHIBIT P3 TRUE COPY OF APPLICATION OF STAY FILED BY PETITIONER BEFORE 1ST RESPONDENT FOR AY 2017-18 EXHIBIT P4 TRUE COPY OF ORDER DATED 26.2.2020 PASSED BY 1ST RESPONDENT DISPOSING STAY PETITION FOR AY 2017-18 //TRUE COPY// PA TO JUDGE Kanhirode Service Co-Operative Bank Ltd. v. Income-tax Officer, Ward-1 And TPS, Kannur / Principal Commissioner of Income-tax, Kozhikode / Commissioner of Income-tax (Appeals), Kozhikode
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