The Valluvally Service Co-Operative Bank Limited v. The Income-tax Officer, Ward-3, Aluva / The Commissioner of Income-tax (Appeals), Ernakulam / The Income-tax Appellate Tribunal, Ernakulam
[Citation -2020-LL-0318-39]

Citation 2020-LL-0318-39
Appellant Name The Valluvally Service Co-Operative Bank Limited
Respondent Name The Income-tax Officer, Ward-3, Aluva / The Commissioner of Income-tax (Appeals), Ernakulam / The Income-tax Appellate Tribunal, Ernakulam
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 18/03/2020
Assessment Year 2011-12
Judgment View Judgment
Keyword Tags stay petition • recovery proceeding
Bot Summary: SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION HAVING COME UP FOR ADMISSION ON 18.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.8573/2020 2 JUDGMENT The petitioner has approached this Court seeking a direction to consider and dispose of Ext.P3 appeal and Ext.P4 stay petition preferred before the third respondent/Income Tax Appellate Tribunal 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.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.8573 OF 2020(V) PETITIONER: VALLUVALLY SERVICE CO-OPERATIVE BANK LIMITED NO E-139, NORTH PARAVUR, KOONAMMAVU P.O., ALUVA, PIN-683 518, REPRESENTED BY ITS SECRETARY SMT.LILA.M.J. BY ADVS. K.S.HARIHARAN NAIR SMT.G.REMADEVI SMT.HARIMA HARIHARAN SHRI.RAJATH R NATH RESPONDENTS: 1 INCOME TAX OFFICER WARD 3, K.A.P COMMERCIAL COMPLEX, RAILWAY STATION ROAD, ALUVA-683 101 2 COMMISSIONER OF INCOME TAX (APPEALS), POORNIMA BUILDING, PANAMPILLY NAGAR, ERNAKULAM-682 036. 3 INCOME TAX APPELLATE TRIBUNAL, KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM-682 037. SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2020, COURT ON SAME DAY DELIVERED FOLLOWING: W.P.(C) No.8573/2020 2 JUDGMENT petitioner has approached this Court seeking direction to consider and dispose of Ext.P3 appeal and Ext.P4 stay petition preferred before third respondent/Income Tax Appellate Tribunal 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.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.8573/2020 3 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER DATED 22.12.2016 ISSUED BY 1ST RESPONDENT FOR ASSESSMENT YEAR 2011-12 EXHIBIT P2 COPY OF APPELLATE ORDER DATED 20.12.2019 ISSUED BY 2ND RESPONDENT FOR ASSESSMENT YEAR 2011-12 EXHIBIT P3 COPY OF APPEAL MEMORANDUM FILED BY PETITIONER BEFORE 3RD RESPONDENT DATED 17.2.2020 AGAINST EXT P2 EXHIBIT P4 COPY OF STAY PETITION FILED BY PETITIONER BEFORE 3RD RESPONDENT DATED 16.3.2020 IN EXT P3 APPEAL Valluvally Service Co-Operative Bank Limited v. Income-tax Officer, Ward-3, Aluva / Commissioner of Income-tax (Appeals), Ernakulam / Income-tax Appellate Tribunal, Ernakulam
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