The Ayyanthole Service Co-Operative Bank v. The Commissioner of Income-tax (Appeals), Thrissur / The Incometax Officer, Ward 2(1), Thrissur Range-2, Thrissur
[Citation -2020-LL-0323-2]

Citation 2020-LL-0323-2
Appellant Name The Ayyanthole Service Co-Operative Bank
Respondent Name The Commissioner of Income-tax (Appeals), Thrissur / The Incometax Officer, Ward 2(1), Thrissur Range-2, Thrissur
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 23/03/2020
Assessment Year 2012-13
Judgment View Judgment
Keyword Tags stay of recovery • stay petition • demand notice


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.9232 OF 2020 PETITIONER/S: AYYANTHOLE SERVICE CO-OPERATIVE BANK NO. R.494, AYYANTHOLE P.O., THRISSUR - 680 003, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT/S: 1 COMMISSIONER OF INCOME TAX (APPEALS), AAYAKAR BHAVAN, S.T.NAGAR, THRISSUR. 2 INCOME TAX OFFICER, WARD 2(1), THRISSUR RANGE-2, OFFICE OF INCOME TAX OFFICER, SAKTHANTHAMPOURAM NAGAR, THRISSUR - 680 001. OTHER PRESENT: R1 & R2 BY SRI.JOSE JOSEPH, SC, IT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).9232 of 2020 - 2 - K. Vinod Chandran, J. W.P(C) No.9232 of 2020 Dated this 23rd day of March, 2020 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 2012-13. Exhibit P3 appeal along with 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 Vku/- WP(C).9232 of 2020 - 3 - APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 12/12/2019. EXHIBIT P2 TRUE COPY OF DEMAND NOTICE DATED 12/12/2019. EXHIBIT P3 TRUE COPY OF APPEAL DATED 16/1/2020. EXHIBIT P4 TRUE COPY OF STAY PETITION DATED 12/2/2020. EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 1/7/2019 IN W.A.1536 OF 2019. [TRUE COPY] Ayyanthole Service Co-Operative Bank v. Commissioner of Income-tax (Appeals), Thrissur / Incometax Officer, Ward 2(1), Thrissur Range-2, Thrissur
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