The Pudukad Town Co-Operative Society Ltd. v. The Commissioner of Income-tax (Appeals), Thrissur / The Income-tax Officer, Ward 2(4), Thrissur
[Citation -2020-LL-0610-12]

Citation 2020-LL-0610-12
Appellant Name The Pudukad Town Co-Operative Society Ltd.
Respondent Name The Commissioner of Income-tax (Appeals), Thrissur / The Income-tax Officer, Ward 2(4), Thrissur
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 10/06/2020
Judgment View Judgment
Keyword Tags demand notice • stay petition
Bot Summary: No.8708 OF 2020(K) 2 JUDGMENT Petitioner has approached this Court seeking a direction to dispose of Ext.P3 appeal preferred before the first 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 first 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, 10TH DAY OF JUNE 2020 / 20TH JYAISHTA, 1942 WP(C).No.8708 OF 2020(K) PETITIONER: PUDUKAD TOWN CO-OPERATIVE SOCIETY LTD.NO.R.1036, PUDUKAD, THRISSUR-680301, REP. BY ITS SECRETARY. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: 1 COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAVAN, S.T.NAGAR, THRISSUR-680001. 2 INCOME TAX OFFICER, WARD 2(4), THRISSUR, OFFICE OF INCOME TAX OFFICER, SAKTHANTHAMPURAN NAGAR, THRISSUR-680001. SRI JOSE JOSEPH SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.06.2020, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.8708 OF 2020(K) 2 JUDGMENT Petitioner has approached this Court seeking direction to dispose of Ext.P3 appeal preferred before first 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 first 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 dlk/10.06.2020 WP(C).No.8708 OF 2020(K) 3 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF ASSESSMENT ORDER DATED 14.12.2018 ALONG WITH COMPUTATION SHEET. EXHIBIT P2 TRUE COPY OF DEMAND NOTICE DATED 14.12.2018. EXHIBIT P3 TRUE COPY OF APPEAL DATED 17.01.2019. EXHIBIT P4 TRUE COPY OF ORDER DATED 10.09.2019. EXHIBIT P5 TRUE COPY OF STAY PETITION DATED 17.09.2019. EXHIBIT P6 TRUE COPY OF ASSESSMENT ORDER DATED 26.10.2019. EXHIBIT P7 TRUE COPY OF DEMAND NOTICE DATED 26.10.2019. EXHIBIT P8 TRUE COPY OF APPEAL DATED 14.11.2019. EXHIBIT P9 TRUE COPY OF ORDER DATED 17.01.2020. EXHIBIT P10 TRUE COPY OF STAY PETITION DATED 27.01.2020. EXHIBIT P11 TRUE COPY OF JUDGMENT DATED 01.07.2019 IN W.A.NO.1536 OF 2019. Pudukad Town Co-Operative Society Ltd. v. Commissioner of Income-tax (Appeals), Thrissur / Income-tax Officer, Ward 2(4), Thrissur
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