Wa/1641/2010 Of M/S.chandragiri Construction Company v. The Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 WA.No. 1641 of 2010() --------------------- AGAINST THE JUDGEMENT IN WPC.25822/2010 Dated 09/09/2010 .................... APPELLANT/PETITIONER ------------------------ M/S.CHANDRAGIRI CONSTRUCTION COMPANY, 3/402-A, KARAT ROAD, WEST NADAKKAVU, CALICUT-673 011, REPRESENTED BY ITS MANAGING PARTNER SRI.T.B.KUNHIMAHIM HAJI. BY ADV. SRI.ANIL D. NAIR SMT.NIVEDITA A.KAMATH RESPONDENT(S): --------------- 1. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, KOZHIKODE. 2. THE CENTRAL BOARD OF DIRECT TAXES, NEW DELHI. BY ADV. SRI.JOSE JOSEPH, SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR &K.SURENDRA MOHAN, JJ. .................................................................... Writ Appeal No.1641 of 2010 ....................................................................Dated this the 28th day of September, 2010. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel forrespondents. During pendency of appeals filed against assessmentsand penalty orders it is seen that 50% of the total demand is stayed oncondition of payment of balance 50% in five instalments. The learnedSingle Judge rescheduled the date of payments, against which this WritAppeal is filed. Even though counsel submitted that the assessee is putto difficulty because of Garnishee order issued against Banks andawarders, we do not find any justification to interfere with therescheduling of instalments except in regard to first instalment. We,therefore, allow the Writ Appeal for the limited purpose of extendingtime for payment of the first instalment till 15th October, 2010. If arequest for refund is pending, the Assessing Officer will consider thesame and if any refund is due for adjustment against the dues for any of the years covered by the interim stay, he will adjust the entire refundamount and 50% should be demanded from out of the balance left. C.N.RAMACHANDRAN NAIRJudge K.SURENDRA MOHANJudge pms