The Madai Co-Operative Rural Bank Ltd. v. Income -tax Officer Ward-1 and TPS, Kannur / The Commissioner of Income-tax(Appeals), Kozhikode
[Citation -2020-LL-0727]
Citation | 2020-LL-0727 |
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Appellant Name | The Madai Co-Operative Rural Bank Ltd. |
Respondent Name | Income -tax Officer Ward-1 and TPS, Kannur / The Commissioner of Income-tax(Appeals), Kozhikode |
Court | HIGH COURT OF KERALA AT ERNAKULAM |
Relevant Act | Income-tax |
Date of Order | 27/07/2020 |
Assessment Year | 2014-15, 2016-17 |
Judgment | View Judgment |
Keyword Tags | stay of recovery • coercive steps • demand notice • stay petition |
Bot Summary: | No.8828/2020 :: 2 :: JUDGMENT Against Exts.P1 and P2 assessment orders under the Income Tax Act, the petitioner has preferred Exts.P3 and P4 appeals together with Exts.P5 and P6 stay petitions before the 2 nd respondent. It would appear that by Ext.P7 order passed by the 2nd respondent in the stay petition, the petitioner was directed to pay 20 of the disputed amount as a condition for stay of the balance amount pending disposal of the appeal. The learned counsel for the petitioner would point out that in similar matter this Court has directed the appellate authority to pass final orders in the appeal and to refrain from coercive steps for recovery of any amount in pending disposal of the appeal by the appellate authority. Taking note of the said submission and finding that in similar matters this Court has granted an interim stay of recovery proceedings, pending disposal of the appeal by the appellate authority, I quash Ext.P7 order and dispose the writ petition by W.P.(C). No.8828/2020 :: 3 :: directing the 2nd respondent to consider and pass orders on Exts.P3 and P4 appeals within an outer time limit of six months from the date of receipt of a copy of this judgment, after hearing the petitioner. Recovery steps for recovery of amounts confirmed against the petitioner by Exts.P1 and P2 assessment orders shall be kept in abeyance till such time as orders are passed by the 2 nd respondent as directed above and the order communicated to the petitioner. The petitioner shall produce a copy of this judgment together with a copy of the writ petition before the 2 nd respondent for further action. |