Wp(C)/18689/2014 Of Jewel Homes (P) Ltd v. Commissioner Of Income Tax (Appeals)-Ii

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 21ST DAY OF JULY 2014/30TH ASHADHA, 1936 WP(C).No. 18689 of 2014 (I) ---------------------------- PETITIONER : ------------------- JEWEL HOMES (P) LTD. CASAGRANTE BUILDING, DESABHIMANI JUNCTION, KALOOR, KOCHI - 682017. REPRESENTED BY ITS MANAGING DIRECTOR MR. P.A. JIHAS DESABHIMANI JUNCTION, KALOOR, KOCHI - 682017. BY ADVS.SRI.SAIBY JOSE KIDANGOOR SRI.VINOD.V (EDAPPUNATHIL) RESPONDENTS : ----------------------- 1. COMMISSIONER OF INCOME TAX (APPEALS)-II KERA BHAVAN, SRVHS ROAD, KOCHI - 682011. 2. DEPUTY COMMISSIONR OF INCOME TAX CIRCLE -1(2), C.R. BUILDING, I.S. PRESS ROAD, KOCHI-682018. C.R. BUILDING, I.S. PRESS ROAD, KOCHI-682018. BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-07-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BP WP(C).No. 18689 of 2014 (I) APPENDIX PETITIONER'S EXHIBITS : P1:COPY OF THE ASSESSMENT ORDER UNDER SECTION 143(3) OF THE IT ACT, 1961 DT 28/3/2014.ACT, 1961 DT 28/3/2014. P1(A): COPY OF THE DEMAND NOTICE UNDER SECTION 156 OF IT ACT, 1961, DT 28-3-2014.DT 28-3-2014. P1(B): COPY OF THE NOTICE UNDER SECTION 274 R/W SECTION 271(1) © OF IT ACT 1961 DT 28/3/2014 ACT 1961 DT 28/3/2014 P2:COPY OF APPEAL DT 30/4/2014 P3:COPY OF PETITIONER'S REPRESENTATION DT 30/4/2014 P4:COPY OF THE AFFIDAVIT WITH STAY PETITION DT 16/5/2014 P5:COPY OF THE AFFIDAVIT WITH PETITION FOR WAIVER OF PRE-DEPOSIT DT 16/5/2014 DT 16/5/2014 P6:COPY OF THE NOTICE ITA NO. 34/R-1/E/CIT (A) 11/14-15 DT 04/7/2014. P7:COPY OF THE ORDER ISSUED BY THE R1 DT 11/7/2014. P8:COPY OF THE LETTER NO. DCIT/CIR.1(2)/EKM/2014-15 DT 18/7/2014 ISSUED BY THE R2BY THE R2 RESPONDENT'S EXHIBITS : NIL. //TRUE COPY// P.S. TO JUDGE K.Vinod Chandran, J. -------------------------------------- W.P.(C).No.18689 of 2014-I -------------------------------------- Dated this the 21[st] day of July, 2014 JUDGMENT The challenge made in the present writ petition is,against the order passed in the stay application in the statutoryappeal filed by the petitioner. The appeal was filed for theassessment year 2011-12. The petitioner had also comebefore this Court to obtain a stay when the application for staywas pending. That was granted, with consequential directionto the appellate authority to consider the stay application. Thefirst appellate authority, on a prima facie consideration, hasdirected payment of Rs.50,00,000/- [Rupees fifty lakhs only]. 2. This Court finds that the amount directed to bepaid is only below 15% of the total demand made. In suchcircumstance, this Court is not convinced that the discretionarypower exercised by the appellate authority is liable to beinterfered with. However, to enable the petitioner to satisfy thecondition imposed in the order passed in the stay application, the petitioner shall be granted two instalments, one on29.08.2014 and the other on 29.09.2014. Till such time, thecoercive steps initiated shall be kept in abeyance. On default ofany of the above instalments, the Revenue will be entitled toproceed with the recovery proceedings. The writ petition is disposed of as above. vku. Sd/- K.Vinod Chandran, Judge ( true copy )