G.k.reddy,T v. The Registrar,Income Tax Appellate Tribunal (Bench B)Rajaji Bhavan, Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM : THE HONOURABLE MR.JUSTICE N.KIRUBAKARANandTHE HONOURABLE MR.JUSTICE P.VELMURUGAN G.K.Reddy,T.27, 12[th] Street,Anna Nagar, Chennai 600 040.... Petitioner (in all the petitions) Vs. 1.The Registrar,Income Tax Appellate Tribunal (Bench B)Rajaji Bhavan, Chennai. 2.The Deputy Commissioner of Income Tax,Corporate Circle 2(1),Chennai. ... Respondents(in all the petitions) PRAYER in W.P.No.1140 of 2020 : Writ Petition filed underArticle 226 of the Constitution of India praying to issue aWrit of Certiorari, calling for the records in stay petitionNo.328/Chny/2019 in ITA.No.3352/Chny/2019 dated 03.01.2020 forthe assessment year 2007-2008 on the file of the 1[st] respondentand quash the same. PRAYER in W.P.No.1144 of 2020 : Writ Petition filed underArticle 226 of the Constitution of India praying to issue aWrit of Certiorari, calling for the records in stay petitionNo.330/Chny/2019 in ITA.No.3355/Chny/2019 dated 03.01.2020 forthe assessment year 2013-2014 on the file of the 1[st] respondentand quash the same. PRAYER in W.P.No.1147 of 2020 : Writ Petition filed underArticle 226 of the Constitution of India praying to issue aWrit of Certiorari, calling for the records in stay petitionNo.329/Chny/2019 in ITA.No.3353/Chny/2019 dated 03.01.2020 forthe assessment year 2008-2009 on the file of the 1[st] respondentand quash the same. For Petitioner:Mr.M.Vijaya Kumar (in all the petitions) For Respondents :Mr.Prabhu Mukunth Arunkumar (in all the petitions ) C O M M O N O R D E R(Judgment of the Court was delivered by N.KIRUBAKARAN, J) The Writ Petitions have been filed against the orderof the Tribunal, dismissing the stay petitions filed by thepetitioner, for not paying a sum of Rs.40,00,000/- forgranting of stay by the Tribunal. 2.The assessee has filed returns and assessment ordershave been passed, against which the appeals have beenpreferred by the Assessee before the Commissioner of IncomeTax along with delay. However, the petitioner failed toappear before the Commissioner of Income Tax and therefore,the Appeals have been dismissed. Against the said dismissalorder, the Appeals have been filed before the Income TaxAppellate Tribunal. In the said appeals, stay petitions havebeen filed, seeking stay of the demand with interest. Thestay petitions have been dismissed, against which only thepresent Writ Petitions have been filed. 3.Heard Mr.M.Vijaya Kumar, learned counsel appearingon behalf of the petitioner and Mr.Prabhu Mukunth Arunkumar,learned counsel appearing on behalf of the respondents. 4.It is evident from the records that eventhough thepetitioner has been shown leniency, direction given by theTribunal to deposit a sum of Rs.40,00,000/- in threeinstallments, the petitioner did not intend to comply with it.Therefore, the stay petitions were dismissed. 5.Mr.M.Vijaya Kumar, learned counsel appearing onbehalf of the petitioner has sustained loss in all hisbusiness and not in a position to pay the amount as directedby the Tribunal. Mr.Prabhu Mukunth Arunkumar, learned counselappearing on behalf of the respondents would submit thatmerely because the petitioner sustained loss, it cannot be aground for non-payment of the amount. 6.Taking into consideration the financial crunch facedby the petitioner, it is appropriate to direct the petitionerto pay a sum of Rs.25,00,000/- in three installments viz.,Rs.10,00,000/- on or before 28.02.2020, Rs.7,50,000/- on orbefore 31.03.2020 and Rs.7,50,000/- on or before 30.04.2020.On such payment, the stay petitions filed by the petitionerbefore the Tribunal shall stand allowed and the stay will bein force till the disposal of the appeals. 7.These Writ Petitions are disposed of with the aboveterms. No costs. Consequently, connected MiscellaneousPetitions are also closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar 6.Taking into consideration the financial crunch facedby the petitioner, it is appropriate to direct the petitionerto pay a sum of Rs.25,00,000/- in three installments viz.,Rs.10,00,000/- on or before 28.02.2020, Rs.7,50,000/- on orbefore 31.03.2020 and Rs.7,50,000/- on or before 30.04.2020.On such payment, the stay petitions filed by the petitionerbefore the Tribunal shall stand allowed and the stay will bein force till the disposal of the appeals. 7.These Writ Petitions are disposed of with the aboveterms. No costs. Consequently, connected MiscellaneousPetitions are also closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar saiTo1.The Registrar, Income Tax Appellate Tribunal (Bench B) Rajaji Bhavan, Chennai.2.The Deputy Commissioner of Income Tax, Corporate Circle 2(1), Chennai.+1cc to Mr.M.Vijayakumar, Advocate SR.6996+1cc to M/s.Hema Muralikrishnan, Advocate SR.6775W.P.Nos.1140, 1144 & 1147 of 2020RJI(CO)CB(11/03/2020)