N.K.Vinoba v. The Income-tax Officer Income-tax Department, Ward 3, Aluva / The Commissioner of Income-tax (Appeals), Kochi
[Citation -2020-LL-0817-17]
| Citation | 2020-LL-0817-17 |
|---|---|
| Appellant Name | N.K.Vinoba |
| Respondent Name | The Income-tax Officer Income-tax Department, Ward 3, Aluva / The Commissioner of Income-tax (Appeals), Kochi |
| Court | HIGH COURT OF KERALA AT ERNAKULAM |
| Relevant Act | Income-tax |
| Date of Order | 17/08/2020 |
| Judgment | View Judgment |
| Keyword Tags | stay petition |
| Bot Summary: | 1087 OF 2020 2 JUDGMENT Vinod Chandran, J. Appellant is before us challenging the order of the learned Single Judge, which directed recovery steps to be kept in abeyance on deposit of 10 and also directed consideration of the stay petition by the first Appellate Authority. Writ petitioner is in appeal contending that he has a good prima facie case and there should be complete exemption from recovery when the appeal is pending. We are in appeal and we cannot interfere with the discretion exercised by the learned Single Judge, which we find to be more than reasonable. Learned Single Judge had directed deposit of 10 within a period of one month. Only since an appeal has been filed, the order has not been complied with and hence we extend the time for another 30 days from the date of receipt of a certified copy of this judgment. In the context of the pandemic, we are of the opinion that the appeal itself could be heard and disposed of WA.No. If the petitioner makes the deposit, recovery will stand stayed till disposal of appeal. |