Wp/22510/2013 Of M/S. Swayam Consultancy (P) Ltd v. The Income Tax Officer, Ward

THE HON’BLE Ms. JUSTICE G.ROHINIAnd THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.22510 OF 2013 Dated: 30.07.2013 Between: M/s. Swayam Consultancy (P) Ltd. .. Petitioner And The Income Tax Officerand 2 others .. Respondents THE HON’BLE Ms. JUSTICE G.ROHINIAnd THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.22510 OF 2013 ORDER: (Per Hon’ble Ms. Justice G.Rohini) This writ petition is filed seeking a declaration that the orderdated 21.06.2013 passed by the Income Tax Appellate Tribunal,Hyderabad Bench – A is arbitrary and illegal. By the said order theTribunal below stayed the penalty levied under Section 271(1) (c) ofthe Income Tax Act, 1961 subject to payment of Rs.10,00,000/- in twoinstalments of Rs.5,00,000/- each payable on or before 31[st] July and31[st] August, 2013. Having heard Sri M.V.J.K. Kumar, the learned counsel for thewrit petitioner, and Sri B.Narasimha Sarma, the learned StandingCounsel for the Income Tax, and having perused the materialavailable on record, though we are unable to hold that the Tribunalbelow had committed any error in granting conditional stay, in view ofthe hardship pleaded by the petitioner, we deem it appropriate tomodify the impugned order permitting the petitioner to make thepayment in four instalments. Accordingly, the Writ Petition is disposed of, modifying theimpugned order and permitting the petitioner to pay the sum ofRs.10,00,000/- in four equal monthly instalments of Rs.2,50,000/- eachpayable from 31.08.2013 onwards. In the event of default in paymentof the instalments as per the time schedule fixed above the stay granted by the Tribunal below shall stand vacated. The Writ Petition is accordingly disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in thiswrit petition shall stand closed. ____________ G.ROHINI, J ___________________________ CHALLA KODANDA RAM, J Date: 30.07.2013Ivd