IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT: HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, 2ND DAY OF NOVEMBER 2015/11TH KARTHIKA, 1937 WP(C).No. 33290 of 2015 (I) ---------------------------- PETITIONER: ------------------- EUROTECH MARITIME ACADEMY, XXXVIII/3492, VAKILS BUILDING, OPP. TVS KALOOR, KOCHI - 682 017, REPRESENTED BY ITS FINANCE CONTROLLER. BY ADVS.SRI.ANIL D. NAIR SRI.R.SREEJITH SMT.ROSIE ATHULYA JOSEPH SMT.O.A.NURIYA KUM.SOUMYA PRAKASH KUM.MEKHALA M.BENNY RESPONDENT(S): -------------------------- 1. ADDITIONAL COMMISSIONER OF INCOME TAX (TDS), ERNAKULAM - 682 018. 2. INCOME TAX APPELLATE TRIBUNAL, ERNAKULAM - 682 030. BY SRI.K.M.V.PANDALAI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-11-2015, COURT ON SAME DAY DELIVERED FOLLOWING: mbr/ WP(C).No. 33290 of 2015 (I) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS : ------------------------------------- P1: TRUE COPY OF PENALTY ORDER DT. 26/9/2013 FOR A.Y.2010-11. P2: TRUE COPY OF PENALTY ORDER DT. 26/9/2013 FOR A.Y.2011-12. P3: TRUE COPY OF PENALTY ORDER DT. 26/9/2013 FOR A.Y.2012-13. P4: TRUE COPY OF ORDER DT. 27/2/2015 FOR A.Y.2010-11 OF COMMISSIONER OF INCOME TAX (APPEALS). P5: TRUE COPY OF ORDER DT. 27/2/2015 FOR A.Y.2011-12 OF COMMISSIONER OF INCOME TAX (APPEALS). P6: TRUE COPY OF ORDER DT. 27/2/2015 FOR A.Y.2012-13 OF COMMISSIONER OF INCOME TAX (APPEALS). P7: TRUE COPY OF APPEAL FILED BY PETITIONER BEFORE 2ND RESPONDENT FOR YEAR 2010-11. P8: TRUE COPY OF APPEAL FILED BY PETITIONER BEFORE 2ND RESPONDENT FOR YEAR 2011-12. P9: TRUE COPY OF APPEAL FILED BY PETITIONER BEFORE 2ND RESPONDENT FOR YEAR 2012-13. P10: TRUE COPY OF STAY PETITION FILED BEFORE SECOND RESPONDENT FOR YEAR 2010-11. P11: TRUE COPY OF STAY PETITION FILED BEFORE SECOND RESPONDENT FOR YEAR 2011-12. P12: TRUE COPY OF STAY PETITION FILED BEFORE SECOND RESPONDENT FOR YEAR 2012-13. P13: TRUE COPY OF COMMON ORDER DT. 9/10/2015 OF 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE mbr/ A.K.JAYASANKARAN NAMBIAR, J. -- -- -- -- -- -- -- -- -- -- -- -- -- W.P.(C) No. 33290 of 2015 -- -- -- -- -- -- -- -- -- -- -- -- -- Dated this 2nd day of November 2015 JUDGMENT challenge in writ petition is against Ext.P13 order passed by 2nd respondent Tribunal, in stay petition filed along with appeals for assessment years 2010-11 and 2012-13. By said order, 2nd respondent Tribunal had directed petitioner to effect payment of Rs.30,00,000/- by 31.10.2015, Rs.20,00,000/- by 30.11.2015 and Rs.20,00,000/- on 31.12.2015 as condition for grant of stay against recovery of amounts confirmed against petitioner by assessment orders. In writ petition limited prayer of petitioner is for enlargement of time, to comply with directions of Tribunal. Counsel for petitioner pleads financial hardship and submits that he would be able to discharge entire liability as per Ext.P13 order by March 2016. 2. I have heard learned counsel appearing for petitioner and learned standing counsel appearing for Income Tax Department. W.P.(c).No.33290 of 2015 :2: 3. On consideration of facts and circumstances of case and taking into account plea of financial hardship raised by petitioner, I am of view that interests of justice would be served by modifying terms in Ext.P13 order and directing petitioner to pay amount of Rs.70,00,000/- (Rupees Seventy lakhs only) as directed in Ext.P13 order, in following manner:- Rs.15,00,000/- (Rupees fifteen lakhs only) each in four equal and successive monthly installments, commencing from 16.11.2015 and amount of Rs.10,00,000/- (Rupees ten lakhs only) by 15th March 2016. If petitioner pays aforesaid amount as directed in this judgment, same shall be treated as in compliance with direction in Ext.P13 order. petitioner shall produce copy of this writ petition along with copy of this judgment before 2nd respondent Tribunal, and also report payments made by him pursuant to this judgment before 1st respondent Assessing Officer. writ petition is disposed as above Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE sm/ EUROTECH MARITIME ACADEMY v. ADDITIONAL COMMISSIONER OF INCOME TAX (TDS), ERNAKULAM/ INCOME TAX APPELLATE TRIBUNAL, ERNAKULAM