IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, 23RD DAY OF MARCH 2020 / 3RD CHAITHRA, 1942 WP(C).No.9024 OF 2020 PETITIONER: PUNNAYURKULAM SERVICE CO-OPERATIVE BANK LTD.NO.P.417 PUNNIYUKULAM P.O., THRISSUR DISTRICT-679561, REPRESENTED BY ITS SECRETARY. BY ADVS. SRI.P.C.SASIDHARAN SRI.K.S.ANIL RESPONDENTS: 1 COMMISSIONER OF INCOME TAX(APPEALS) AAYAKAR BHAVAN, S.T.NAGAR, THRISSUR-680001. 2 INCOME TAX OFFICER, WARD-2, GURUVAYUR, OFFICE OF INCOME TAX OFFICER, WEST NADA, GURUVAYOOR-680101. SRI.JOSE JOSEPH, SC, IT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2020, COURT ON SAME DAY DELIVERED FOLLOWING: W.P.(C) No.9024 of 2020 2 JUDGMENT writ petition is against recovery initiated while appeals are pending. issue is also with respect to coverage of petitioner under Section 80P of Income Tax Act, 1961, which has to be adjudicated on basis of Full Bench decision in Mavilayil Service Co- operative Bank Limited v. Commissioner of Income Tax, Calicut [2019 (2) KHC 287 (FB)]. 2. In present case, demand is with respect to assessment years 2012-2013, 2014-2015, 2016-2017 and 2017-2018. Exhibits P8, P13, P3 and P18 appeals and Exhibits P10, P15, P5 and P20 stay petitions are pending before first appellate authority. In circumstance of case, I am of opinion that there shall be stay of recovery till appeals are disposed of. writ petition is disposed of with above direction, without any observation on merits of matter. Sd/- K.VINOD CHANDRAN, JUDGE pkk W.P.(C) No.9024 of 2020 3 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 13.12.2018 ALONG WITH COMPUTATION SHEET. EXHIBIT P2 TRUE COPY OF DEMAND NOTICE DATED 13.12.2018. EXHIBIT P3 TRUE COPY OF APPEAL DATED 16.01.2019. EXHIBIT P4 TRUE COPY OF ORDER DATED 11.02.2019. EXHIBIT P5 TRUE COPY OF STAY PETITION DATED 20.02.2019. EXHIBIT P6 TRUE COPY OF ASSESSMENT ORDER DATED 11.11.2019 ALONG WITH COMPUTATION SHEET. EXHIBIT P7 TRUE COPY OF DEMAND NOTICE DATED 11.11.2019. EXHIBIT P8 TRUE COPY OF APPEAL DATED 18.12.2019. EXHIBIT P9 TRUE COPY OF ORDER DATED 20.01.2020. EXHIBIT P10 TRUE COPY OF STAY PETITION DATED 24.01.2020. EXHIBIT P11 TRUE COPY OF ASSESSMENT ORDER DATED 11.11.2019 ALONG WITH COMPUTATION SHEET. EXHIBIT P12 TRUE COPY OF DEMAND NOTICE DATED 11.11.2019. EXHIBIT P13 TRUE COPY OF APPEAL DATED 19.12.2019. EXHIBIT P14 TRUE COPY OF ORDER DATED 31.01.2020. EXHIBIT P15 TRUE COPY OF STAY PETITION DATED 06.02.2020. EXHIBIT P16 TRUE COPY OF ASSESSMENT ORDER DATED W.P.(C) No.9024 of 2020 4 15.11.2019 ALONG WITH COMPUTATION SHEET. EXHIBIT P17 TRUE COPY OF DEMAND NOTICE DATED 15.11.2019. EXHIBIT P18 TRUE COPY OF APPEAL DATED 12.12.2019. EXHIBIT P19 TRUE COPY OF ORDER DATED 17.01.2020. EXHIBIT P20 TRUE COPY OF STAY PETITION DATED 24.01.2020. EXHIBIT P21 TRUE COPY OF JUDGMENT DATED 01.07.2019 IN W.A.NO.1536 OF 2019. Punnayurkulam Service Co-Operative Bank Ltd. v. Commissioner of Income-tax (Appeals), Thrissur / Income-tax Officer, Ward-2, Guruvayoor