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.9054 OF 2020 PETITIONER: VARADIAM SERVICE CO-OPERATIVE BANK LTD. NO.575, AVANOOR, VARADIAM, THRISSUR - 680 541, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: 1 COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, S.T.NAGAR, THRISSUR - 68001. 2 INCOME TAX OFFICER, WARD 2 (3), THRISSUR, AAYAKAR BHAVAN, SHAKTHANTHAMPOURAM NAGAR, THRISSUR -680 001. 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.9054 of 2020 2 JUDGMENT writ petition is against recovery initiated while appeal is 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 year 2017-2018. Exhibit P3 appeal and Exhibit P4 stay petition are pending before first appellate authority. In circumstance of case, I am of opinion that there shall be stay of recovery till appeal is 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.9054 of 2020 3 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 17/12/2019. EXHIBIT P2 TRUE COPY OF DEMAND NOTICE DATED 17/12/2019. EXHIBIT P3 TRUE COPY OF APPEAL DATED 15/1/2020. EXHIBIT P4 TRUE COPY OF STAY PETITION DATED 15/1/2020. EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 1/7/2019 IN W.A.1536 OF 2019. Varadiam Service Co-Operative Bank Ltd. v. Commissioner of Income-tax (Appeals), Thrissur / Income-tax Officer, Ward 2(3), Thrissur