Chalakudy Town Co-Operative Bank Ltd. v. The Income-tax Officer, Ward-2(1), Thrissur / Principal Commissioner of Income-tax, Thrissur / The Commissioner of Income-tax (Appeals), Thrissur
[Citation -2020-LL-0318-26]

Citation 2020-LL-0318-26
Appellant Name Chalakudy Town Co-Operative Bank Ltd.
Respondent Name The Income-tax Officer, Ward-2(1), Thrissur / Principal Commissioner of Income-tax, Thrissur / The Commissioner of Income-tax (Appeals), Thrissur
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 18/03/2020
Assessment Year 2017-18
Judgment View Judgment
Keyword Tags rectification application • stay petition
Bot Summary: No.8439 OF 2020 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.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 WEDNESDAY, 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941 WP(C).No.8439 OF 2020(D) PETITIONER/S: CHALAKUDY TOWN CO-OPERATIVE BANK LTD .NO. R 928 REPRESENTED BY ITS SECRETARY, CHALAKKUDY.P.O, THRISSUR DISTRICT-680307 BY ADVS. SRI.T.R.HARIKUMAR SRI.ARJUN RAGHAVAN RESPONDENT/S: 1 INCOME TAX OFFICER WARD-2(1), OFFICE OF INCOME TAX OFFICER, AAYAKAR BHAVAN, SHAKTHAN THAMPURAM NAGAR, THRISSUR PIN-680001 2 PRINCIPAL COMMISSIONER OF INCOME TAX AAYAKAR BHAVAN, INCOME TAX OFFICE, SHAKTHAN THAMPURAM NAGAR, THRISSUR PIN-680001 3 COMMISSIONER OF INCOME TAX(APPEALS) AAYAKAR BHAVAN, INCOME TAX OFFICE, SHAKTHAN THAMPURAM NAGAR, THRISSUR PIN-680001 OTHER PRESENT: SRI JOSE JOSEPH SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2020, COURT ON SAME DAY DELIVERED FOLLOWING: 2 WP(C).No.8439 OF 2020 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.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.8439 OF 2020 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER FOR YEAR 2017-2018 DATED 26.12.2019 EXHIBIT P2 TRUE COPY OF NOTICE ISSUED UNDER SECTION 156 OF INCOME TAX ACT DATED 26.12.2019 EXHIBIT P3 TRUE COPY OF ONLINE APPEAL DATED 23.01.2020 FILED BEFORE 3RD RESPONDENT, AGAINST EXT P1 ASSESSMENT ORDER EXHIBIT P4 TRUE COPY OF STAY PETITION DATED 27.01.2020 FILED BY PETITIONER BEFORE 1ST RESPONDENT UNDER SECTION 220(6) EXHIBIT P5 TRUE COPY OF ORDER NO.ITBA/COM/F/17/ 2019-20/1024631711(1) DATED 04.02.2020 ISSUED BY 1ST RESPONDENT EXHIBIT P6 TRUE COPY OF REVIEW PETITION DATED 07.02.2020 FILED BY PETITIONER BEFORE 2ND RESPONDENT EXHIBIT P7 TRUE COPY OF ARGUMENT NOTE DATED 18.02.2020 FILED BY PETITIONER BEFORE 2ND RESPONDENT EXHIBIT P8 TRUE COPY OF ORDER NO.ITBA/COM/F/17/ 2019-20/1025659475(1) DATED 24.02.2020 ISSUED BY 2ND RESPONDENT EXHIBIT P9 TRUE COPY OF RECTIFICATION APPLICATION FILED BY PETITIONER BEFORE 2ND RESPONDENT DATED 26.02.2020 EXHIBIT P10 TRUE COPY OF ORDER NO.ITBA/COM/F/17/ 2019-20/1026120860(1) DATED 04.03.2020 PASSED BY 2ND RESPONDENT IN REVIEW PETITION EXHIBIT P11 TRUE COPY OF JUDGMENT DATED 19.07.2019 IN WA NO.1639/2019 EXHIBIT P12 TRUE COPY OF JUDGMENT DATE 17.02.2020 IN WP(C)NO.4433/2020 Chalakudy Town Co-Operative Bank Ltd. v. Income-tax Officer, Ward-2(1), Thrissur / Principal Commissioner of Income-tax, Thrissur / Commissioner of Income-tax (Appeals), Thrissur
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