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

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI MONDAY, THE 01ST DAY OF JULY 2019 / 10TH ASHADHA, 1941WP(C).No.17750 of 2019 PETITIONER/S: THE THADUKKASSERY SERVICE CO-OPERATIVE BANK LTD.NO F 534, KERALASSERY P.O.KONGAD, PALAKKAD-678 641, REPRESENTED BY ITS SECRETARY, VIJAYAKUMARI M.P.,AGED 50,D/O NARAYANAN NAIR. BY ADVS.SRI.HARISANKAR V. MENONSMT.K.KRISHNASMT.MEERA V.MENON RESPONDENT/S: 1THE INCOME TAX OFFICER WARD 2, AYAKAR BHAVAN, PALAKKAD-678 014. 2THE COMMISSIONER OF INCOME TAX (APPEALS),SAKATHAN NAGAR, THRISSUR-680 001. BY SRI. JOSE JOSEPH,STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Heard Sri. Harisankar. V. Menon, for the petitioner and Sri.Jose Joseph, for the respondents. 2.The petitioner, a Co-operative Bank is, aggrieved byExt.P1 assessment order in appeal before the 2[nd] respondent.The petitioner moved Ext.P3 stay petition praying for stay ofrecovery pursuant to Ext.P1 assessment order. The 2[nd]respondent through Ext.P4 considered and granted stay ofrecovery of the amount determined in Ext.P1 by imposing acondition of depositing 20% of the tax demanded in five equalinstallments. For convenience, the operative portion of the orderof Ext.P4 is extracted herein:- The issue involve the claim of deduction u/s.80Pdisallowance. In the totality of the facts, I deem it properto stay 80% of the demand till disposal of appeal or 6months whichever is earlier. 20% of the balance demandin five equal monthly installment starting from June,2019 should be paid. The Assessing Officer shall monitorthe payment of demand and report and default on part ofthe appellant. Any default on part of appellant to paydemand will invite revocation of stay granted. 3.The petitioner challenges Ext.P4 firstly, bycontending that the condition imposed of depositing 20% isvery onerous and is not compatible to the merits canvassed bythe petitioner in the appeal. Alternatively submits that, thepetitioner can be given extension of time for making the firstinstallment. In other words, the request is to start thepayment, of first installment on or before the 30[th] day of July,2019. 4.Ext.P4 is an order made by the 2[[nd]] respondent bykeeping in view the directions issued by the CBDT and also themerits of the matter. There is sufficient consideration of andapplication of mind to the issue by the 2[nd] respondent whilegranting the stay order. I am convinced that Ext.P4 does notwarrant interference of this Court in exercise of its power ofreview under Article 226 of the Constitution of India and hencethe first ground against Ext.P4 fails. Ext.P4 is an order made by the 2[[nd]] respondent by 5.The next submission of Sri. Harisankar. V. Menon isthat the petitioner may be permitted to comply with the orderby starting the payment of the installments on or before 30[th] ofJuly, 2019. To meet the ends of justice this prayer could beconsidered and accordingly accepted. Having regard to the above, Ext.P4 order reads thus:- The issue involves the claim of deduction u/s.80P disallowance. In the totality of the facts, I deem it properto stay 80% of the demand till disposal of appeal or 6months whichever is earlier. 20% of the balance demandin five equal monthly installments starting from on orbefore the 30[th] day of July, 2019 should be paid. TheAssessing Officer shall monitor the payment of demandand report and default on part of the appellant. Anydefault on part of appellant to pay demand will inviterevocation of stay granted. The Writ Petition stands disposed of, accordingly. Sd/- S.V. BHATTIJUDGE ajt APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2016-17 EXHIBIT P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2016-17 EXHIBIT P3 The Writ Petition stands disposed of, accordingly. Sd/- S.V. BHATTIJUDGE ajt APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2016-17 EXHIBIT P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2016-17 EXHIBIT P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2016-17 EXHIBIT P4 COPY OF ORDER ISSUED BY THE 2ND RESPONDENT FOR THE YEAR 2016-17