Wp(C)/16213/2007 Of P.premkumar v. Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 29TH MAY 2007 / 8TH JYAISHTA 1929 WP(C).No. 16213 of 2007(E) -------------------------- PETITIONER: ------------ P.PREMKUMAR, `LAKSHMI', K.K.VISWANATHAN ROAD, KARUVELIPADY, COCHIN-5. BY ADV. SRI.K.I.MAYANKUTTY MATHER SMT.S.LAKSHMY RESPONDENTS: ------------- 1. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-II, ERNAKULAM. 2. COMMISSIONER OF INCOME TAX (APPEALS) I, KOCHI. 3. TAX RECOVERY OFFICER, RANGE I, ERNAKULAM, KOCHI-18. BY ADV. SHRI. GEORGE K GEORGE, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. ----------------------------------- WP(C) No. 16213 of 2007 ------------------------- Dated, this the 29[th] day of May, 2007 J U D G M E N T Heard learned counsel for the petitioner and learned StandingCounsel for the Income Tax Department. Since appeal is pendingbefore the Tribunal and having regard to the contentions raised,there will be stay against recovery of balance tax with interest dueas per the impugned order during pendency of the appeal onpetitioner remitting Rs. 35 lakhs in two installments, firstinstallment of Rs. 20 lakhs will be paid on or before 30/06/2007 andbalance Rs. 15 lakhs will be paid on or before 31/07/2007. Tribunalwill take up the appeals and dispose of the same within four monthsfrom now. If petitioner does not make payment as above, recoveryproceedings can be continued for recovering entire arrears. This WP(C) is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE.)