Avittathoor Service Co-Operative Bank Ltd. v. The Income-tax Officer, Ward-2(1), Thrissur / The Commissioner of Income-tax (Appeals), Thrissur
[Citation -2019-LL-0923-26]
| Citation | 2019-LL-0923-26 |
|---|---|
| Appellant Name | Avittathoor Service Co-Operative Bank Ltd. |
| Respondent Name | The Income-tax Officer, Ward-2(1), Thrissur / The Commissioner of Income-tax (Appeals), Thrissur |
| Court | HIGH COURT OF KERALA AT ERNAKULAM |
| Relevant Act | Income-tax |
| Date of Order | 23/09/2019 |
| Assessment Year | 2016-17 |
| Judgment | View Judgment |
| Keyword Tags | stay of recovery • stay petition • demand notice |
| Bot Summary: | No.25079/2019 : 2 : JUDGMENT Against Ext.P2 assessment order under the Income Tax Act for the assessment year 2016-17, the petitioner has preferred Ext.P4 appeal and Ext.P4(a) stay petition before the 2 nd respondent. In the writ petition, the petitioner is aggrieved by Ext.P7 order passed by the 2 nd respondent in the stay application, whereby the petitioner has been directed to pay 20 of the demand confirmed against him by Ext.P2 assessment order on or before 30.9.2019, as a condition for grant of stay of recovery of the balance amounts confirmed against him by the assessment order. In the writ petition, it is the contention of the petitioner that, by virtue of the judgment of this Court in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax, Calicut - 2019 KHC 287, the petitioner has a good chance of success in the appeal, and hence, no condition should be imposed while granting stay during the pendency of the appeal before the 2nd respondent. I have heard the learned counsel appearing for the petitioner as also the learned Standing counsel appearing for the Income Tax Department. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar and taking note of the judgment of this Court in the decision referred above, I deem it appropriate to quash Ext.P7 order, and direct the 2 nd respondent to consider and pass reasoned orders on Ext.P4 appeal within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner. It is made clear that till such time as orders are passed in Ext.P4 appeal by the 2 nd respondent, and the orders communicated to the petitioner, recovery steps for recovery of amounts confirmed against the petitioner by Ext.P2 assessment order shall be kept in abeyance. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 2nd respondent, for further action. |