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It is made clear that the aforesaid directions have been issued by this Court only for the purpose of preservation of the subject matter of the list and shall not be construed in any manner as an opinion on the part of this Court regarding the merits of the controversy which would fall exclusively within the province of the 2nd respondent appellate authority for decision independently and on merits.

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Sec. 250 of the Income-tax Act, 1961 - Appeal – The petitioner through writ petition sought directions to the 1st respondent not to proceed with recovery of the demand based on Exhibits-P1 and P2 penalty orders for the assessment years 2011-2012 and 2015-2016, till Exhibits-P7 and P9 appeals as well as Exhibits-P8 and P10 stay petitions are disposed off by the 2nd respondent." Writ petition disposed of holding that “the petitioner may file additional memorandum of grounds in support of their Exts.P7 and P9 appeals as well as Exts.P8 and P10 stay applications, which the petitioner may appropriately file before the 2nd respondent appellate authority without much delay preferably within a period of ten days from the date notified for receiving a certified copy of this judgment. In case such additional memorandum of grounds is duly filed by the petitioner as aforestated, then the 2nd respondent appellate authority shall treat those additional grounds as part and continuation of the appeals and stay applications as already filed”. - VATTIYOORKAVU SERVICE CO-OPERATIVE BANK LTD. V/s ITO - [2020] 270 TAXMAN 274 (KER)

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