Wp(C)/32144/2007 Of Muslim Service Society v. The Asst.commisioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 30TH OCTOBER 2007 / 8TH KARTHIKA 1929 WP(C).No. 32144 of 2007(B) -------------------------- PETITIONER: -------------- MUSLIM SERVICE SOCIETY, CHEROOTY ROAD, CALICUT-673 001, REPRESENTED BY T.K.ABDUL KAREEM, GENERAL SECRETARY. BY ADV. DR.K.B.MUHAMED KUTTY (SR.) SMT.RESHMI POULOSE RESPONDENTS: ------------------ 1. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE(1), CALICUT. 2. COMMISSIONER OF INCOME TAX, (APPEALS)-I, CALICUT-I. 3. THE INCOME TAX APPELLATE TRIBUNAL, KAKKANAD, ERNAKULAM, REPRESENTED BY ITS REGISTRAR. BY GOVERNMENT PLEADER SRI.K.P.PRADEEP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J.=============== W.P.(C) NO. 32144 OF 2007 B ===================== Dated this the 30[th] day of October, 2007 J U D G M E N T Ext.P5 is an order passed by the Income Tax Appellate Tribunal granting stay sought for by the petitioner, on conditionthat out of more than Rs.52 lakhs that is due, petitioner shouldremit Rs.15 lakhs and that too in three instalments of Rs.5 lakhseach. 2.On a reading of Ext.P5, I notice that the Tribunal hasconsidered the prima facie case of the appellant and the financialposition of the appellant. Thus, after considering all theserelevant aspects, the Tribunal has directed the petitioner toremit Rs.15 lakhs and that too in instalments. In fact, ordershows that this figure was suggested by the petitioner itself.Ext.P5 does not call for any interference. 3.However, taking into account the submissions that aremade, I direct that the instalments payable on 31/10/2007 and WPC No.32144/07 : 2 : 30/11/2007 will be payable only on 15/11/2007 and 15/12/2007respectively. Subject to the above modification, writ petition is dismissed. Rp ANTONY DOMINIC, JUDGE.