Star Health And Allied Insurance Co. Ltd. v. Assistant Commissioner, Corporate Circle-6(2), Chennai
[Citation -2020-LL-0306-68]

Citation 2020-LL-0306-68
Appellant Name Star Health And Allied Insurance Co. Ltd.
Respondent Name Assistant Commissioner, Corporate Circle-6(2), Chennai
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 06/03/2020
Assessment Year 2014-15
Judgment View Judgment
Keyword Tags statutory appeal • stay of demand • interim stay • application for stay
Bot Summary: For Petitioner : Mr.R.Sivaraman For Respondent : Mr.A.P.Srinivas Senior Standing Counsel ORDER Mr.A.P.Srinivas, learned Senior Standing Counsel accepts notice for the respondent and is armed with instructions in the matter. The petitioner has moved the Assessing Authority for an interim stay of demand, which has been considered and an order passed on 17.02.2020 granting a scheme of installment to the petitioner by way of five equated monthly installments of the demand to be paid by the 30th of each month. Leaned counsel for the petitioner confirms that no amount has been paid thus far towards the disputed demand. Thereafter, the petitioner is permitted to file a stay application before the Commissioner of Income Tax before whom the appeal is pending, within a period of two weeks from today. Stay of the balance demand till disposal of the stay application by the Commissioner of Income Tax, upon a consideration of the matter, the petitioner is directed to remit 10 of the disputed tax of Rs.25,11,05,384/- forthwith. 5645 of 2020 and disposed after hearing the petitioner within a period of four weeks from date of filing of the application. Connected miscellaneous petitions are closed.


W.P.No.5645 of 2020 IN HIGH COURT OF JUDICATURE AT MADRAS DATED:06.03.2020 CORAM HONOURABLE DR. JUSTICE ANITA SUMANTH Writ Petition No.5645 of 2020 W.M.P.No.6593 and 6595 of 2020 M/s. Star Health and Allied Insurance Co. Ltd., Rep. by its Chief Financial Officer, Mr.S.Venkataraman Petitioner Vs Assistant Commissioner Corporate Circle-6(2) 7th Floor, New Block, Room No.705, 121, Mahatma Gandhi Road, Chennai-600034 Respondent PRAYER: PETITION filed under Article 226 of Constitution of India praying for issuance of Writ of Certiorari, calling for records of on file of respondent and quash impugned re-assessment order passed under Section 143(3) r.w.s. 147 of Income Tax act, 1961 dated 27.12.2019 for assessment year 2014-15. For Petitioner : Mr.R.Sivaraman For Respondent : Mr.A.P.Srinivas Senior Standing Counsel ORDER Mr.A.P.Srinivas, learned Senior Standing Counsel accepts notice for respondent and is armed with instructions in matter. 2. challenge in this writ petition is to order of re-assessment for assessment year 2014-15. passed in terms of provisions of Income Tax Act, 1961 (in short 'Act'). http://www.judis.nic.in 1/4 W.P.No.5645 of 2020 3. One of grounds raised is that no separate speaking order has been passed by Assessing Authority and he is required to do in terms of Judgement of Supreme Court in case of GKN Driveshafts (India) Ltd. vs. Income Tax Officer and Others (259 ITR 19). perusal of objection dated 10.06.2019 reveals that petitioner has incidentally stated that proposal to re-open assessment be dropped as basis upon which proceedings have been initiated are flawed. 4. Be that as it may, petitioner has also filed statutory appeal within time before Commissioner of Income Tax (Appeals). In view of aforesaid, I am not inclined to interfere under Article 226 of Constitution of India. 5. petitioner has moved Assessing Authority for interim stay of demand, which has been considered and order passed on 17.02.2020 granting scheme of installment to petitioner by way of five (5) equated monthly installments of demand to be paid by 30th of each month. scheme of installments commences from February 2020. 6. Leaned counsel for petitioner confirms that no amount has been paid thus far towards disputed demand. total demand is for sum of Rs.42,43,57,970/-and tax component comes to sum of Rs.25,11,05,384/-. 7. Thereafter, petitioner is permitted to file stay application before Commissioner of Income Tax (Appeals) before whom appeal is pending, within period of two (2) weeks from today. Stay of balance demand till disposal of stay application by Commissioner of Income Tax (Appeals), upon consideration of matter, petitioner is directed to remit 10% of disputed tax of Rs.25,11,05,384/- forthwith. Such application, if filed within period as aforesaid and upon compliance of terms imposed will be taken up http://www.judis.nic.in 2/4 W.P.No.5645 of 2020 and disposed after hearing petitioner within period of four (4) weeks from date of filing of application. If no stay application is, as permitted, filed within timeline as aforesaid, order of Assessing Authority impugned before me will stand revived and stay granted early stands automatically vacated. 8. This writ petition is disposed in above terms. Consequently, connected miscellaneous petitions are closed. No costs. 06.03.2020 Index : Yes Speaking Order ska To Assistant Commissioner Corporate Circle-6(2) 7th Floor, New Block, Room No.705, 121, Mahatma Gandhi Road, Chennai-600 034 http://www.judis.nic.in 3/4 W.P.No.5645 of 2020 DR. ANITA SUMANTH, J. ska Writ Petition No.5645 of 2020 W.M.P.No.6593 and 6595 of 2020 06.03.2020 http://www.judis.nic.in 4/4 Star Health And Allied Insurance Co. Ltd. v. Assistant Commissioner, Corporate Circle-6(2), Chennai
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