THE SHORANUR CO-OPERATIVE SERVICE BANK LTD., vs. THE INCOME TAX OFFICER,

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI TUESDAY, THE 25TH DAY OF FEBRUARY 2020 / 6TH PHALGUNA, 1941 WP(C).No.5290 OF 2020(I) PETITIONER/S: THE SHORANUR CO-OPERATIVE SERVICE BANK LTD., 20/558 MAIN ROAD, SHORANUR PALAKKAD-679121, KERALA REPRESENTED BY ITS SECRETARY, SMT V.C.CHANDRIKA BY ADVS. SRI.T.M.SREEDHARAN (SR.) SMT.NISHA JOHN SRI.V.P.NARAYANAN RESPONDENT/S: 1 THE INCOME TAX OFFICER, WARD-3, AAYAKAR BHAVAN, PALAKKAD-678014 2 THE COMMISSIONER OF INCOME TAX(APPEALS), AAYAKAR BHAWAN, SAKTHAN THAMPURAM NAGAR, THRISSUR-680001 BY SRI.JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.5290 OF 2020 2 JUDGMENT Dated this the 25th day of February 2020 Heard Adv. Nisha John, the learned counsel for the petitioner and Sri. Jose Joseph, the learned Standing Counsel for respondents. 2. Petitioner refers to and relies on judgment dated 01.07.2019 in W.A No.1536 of 2019 and connected cases to contend that the Division Bench directed disposal of appeal and granted stay of recovery proceedings during the pendency of the appeal. 3. The learned Standing Counsel admits that the facts of the case are substantially same and similar to the facts noted by the Division Bench in W.A. No.1536 of 2019, hence can be followed. Hence, the writ petition is disposed of directing the Commissioner of Income Tax (Appeals)/ 2nd respondent to consider and dispose of the statutory appeal filed by the petitioner herein at the earliest taking note of the Full Bench decision reported in The WP(C).No.5290 OF 2020 3 Mavilayi Service Co-operative Bank Ltd, v. The Commissioner of Income Tax, Calicut [2019 (2) KHC 287] and to keep in abeyance recovery proceedings and collection of tax assessed, pending disposal of such appeal. Sd/- S.V.BHATTI JUDGE uu 27.02.2020 WP(C).No.5290 OF 2020 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1