By Advs.sri.harisankar v. Menonsmt.k.krishnasmt.meera V.menon

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON MONDAY ,THE 15TH DAY OF OCTOBER 2018 / 23RD ASWINA, 1940 WA.No. 2022 of 2018 AGAINST THE ORDER/JUDGMENT IN WP(C) 31693/2018 of HIGHCOURT APPELLANT/S: SHEEJA VIJAYAPRASADAGED 50 YEARSTHAYYIL SREEVILAS, NANGIARKULANGARA.P.O., ALAPPUZHA-690 513. BY ADVS.SRI.HARISANKAR V. MENONSMT.K.KRISHNASMT.MEERA V.MENON RESPONDENT/S: 1THE DEPUTY COMMISSIONER OF INCOME TAXKOWDIAR, THIRUVANANTHAPURAM-695 003.KOWDIAR, THIRUVANANTHAPURAM-695 003. INTERNATIONAL TAXATION, CIRCLE, AYAKAR BHAVAN, 2THE COMMISSIONER OF INCOME TAX (APPEALS)PANAMPILLY NAGAR, ERNAKULAM, KOCHI - 682 036. OTHER PRESENT: SRI JOSE JOSEPH SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15.10.2018,ALONG WITH W.A. NO.2021/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 15.10.2018,ALONG WITH W.A. NO.2021/2018, THE COURT ON THE W.A Nos.2021/2018& 2022/2018 ::2:: W.A Nos.2021/2018 & 2022/2018 J U D G M E N T Vinod Chandran, J The husband and wife are before this Court inan appeal against the judgment of the learned SingleJudge in two writ petitions. Notice was issued underSection 142(2) of the Income tax Act, for scrutinyassessment. The appellants did not respond to it. TheAssessing Officer completed the assessment based oncertain share transactions said to have been carried onby the appellants. The appellants then filed an appealbefore the First Appellate Authority. Initially theAssessing Officer has granted a stay directing paymentof 20% of the demand. The appellants were before thisCourt, in which there was a direction to consider thestay petition filed before the Appellate Authority.Proceedings were kept in abeyance till then. The FirstAppellate Authority then granted a stay on conditionof payment of 20% of the amounts, which was impugned inthe writ petitions. The learned Single Judge granted10/6 equal monthly installments starting from ::3:: 10.10.2018 to satisfy the 20% demand. The appellantscontest the same. We do not think any furtherindulgence can be extended to the appellants, sincealready there has been considerable indulgence shown bythe learned Single Judge. We however make it clear thatwhile the installments are going on, the FirstAppellate Authority may take up the matter and considerit. Writ Appeals are dismissed with the aboveobservations. No costs. Sd/- K. Vinod Chandran, Judge Sd/- Ashok Menon, Judge jma