Mavilayi Service Co Operative Bank Ltd. v. The Income-tax Officer, Ward-1, And TPS, Kannur Range, Kannur/The Principal Commissioner of Income-tax, Mananchira/The Commissioner of Income-tax (Appeals), Kozhikode
[Citation -2020-LL-0313-82]
| Citation | 2020-LL-0313-82 |
|---|---|
| Appellant Name | Mavilayi Service Co Operative Bank Ltd. |
| Respondent Name | The Income-tax Officer, Ward-1, And TPS, Kannur Range, Kannur/The Principal Commissioner of Income-tax, Mananchira/The Commissioner of Income-tax (Appeals), Kozhikode |
| Court | HIGH COURT OF KERALA AT ERNAKULAM |
| Relevant Act | Income-tax |
| Date of Order | 13/03/2020 |
| Assessment Year | 2014-15 |
| Judgment | View Judgment |
| Keyword Tags | coercive steps |
| Bot Summary: | The petitioner is also aggrieved by the condition of payment of 20 of the tax assessed, imposed under Ext.P4, pending consideration of Ext.P2 appeal filed against Ext.P1 assessment order. Heard the learned Standing Counsel for the Income Tax Department also. The legality of the insistence for remittance of 20 of the tax assessed was considered and decided by the Division Bench of this Court and as per the judgment in W.A.No. After taking note of all relevant aspects and the decision of the Full Bench in Mavilayi Service Co-operative Bank Ltd. v. Commissioner of Income Tax, Calicut 2019 W.P.(C) No.7825 of 2020 3 KHC 287, the Division Bench held the insistence for payment of proportion of the demand as a condition for grant of stay to be bad. In such circumstances, the demand for remittance of 20 of the tax assessed pending consideration of the appeal, cannot be sustained and accordingly, Ext.P4 is quashed. The writ petition is disposed of, directing the third respondent to consider Ext.P2 appeal filed by the petitioner within a period of three months from the date of receipt of a copy of this judgment. All coercive steps based on Ext.P4 shall be kept in abeyance. |