Akay Flavours And Aromatics (P) Ltd. v. The DCIT, Corporate Cir.-1(1), Kochi / The CIT (Appeals), Kochi
[Citation -2020-LL-0218-6]
| Citation | 2020-LL-0218-6 |
|---|---|
| Appellant Name | Akay Flavours And Aromatics (P) Ltd. |
| Respondent Name | The DCIT, Corporate Cir.-1(1), Kochi / The CIT (Appeals), Kochi |
| Court | HIGH COURT OF KERALA AT ERNAKULAM |
| Relevant Act | Income-tax |
| Date of Order | 18/02/2020 |
| Assessment Year | 2017-18 |
| Judgment | View Judgment |
| Keyword Tags | application for stay • demand notice • stay petition • outstanding demand |
| Bot Summary: | No.4533 OF 2020(N) 2 JUDGMENT Dated this the 18th day of February 2020 Petitioner, in the instant case, has sought for indulgence of this Court under Article 226 of the Constitution of India. He is aggrieved by non-consideration of appeal and interim application preferred against the order of assessment dated 20.12.2019 pertaining to the assessment year 2017 -18. During the interregnum, Ext.P5 demand notice dated 12.02.2020 was issued calling upon the petitioner to pay 20 of the demand outstanding for the purpose of stay. Learned counsel for the petitioner submits that the demand as raised in the demand notice is based upon a Circular of March, 2017, which is held to be invalid by a decision of the Division Bench of this Hon'ble Court in Mavilayi Service Co- operative Bank Ltd. v. The Commissioner of Income Tax, Calicut 2019 KHC 287. Jose Joseph, learned Standing Counsel for the Income Tax Department, submits that he has no dispute regarding the observations in the above-said judgment but added that the observations of the Court only pertains to the cases where assessment orders are passed in respect of Co-operative Societies, claiming exemption under Section 80P of the Income Tax Act. Having heard the learned counsel on both sides and perusing the materials on record, without expressing any opinion on merit, I dispose of this writ petition with a direction to the second respondent to consider the prayer for consideration of Ext.P4 interim stay along with appeal, in accordance with law, after affording an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Ext.P5 is ordered to be kept in abeyance and the interim arrangement shall be construed till the adjudication of the interim application by the appellate authority. |