KERALA LIVE STOCK DEVELOPMENT BOARD LTD. V. THE ASSISTANT COMMISSIONER OF INCOME TAX

WP(C)/5083/2018

AI Insights

The case involves the Kerala Live Stock Development Board Ltd., which contested the revised self-assessment for the year 2014-15 under the Income Tax Act. The petitioner was initially granted a stay on the demand by the assessing authority, conditional on a partial payment, which was later modified to require a higher percentage of payment. Aggrieved by these conditions and the pending appeal, the petitioner sought judicial intervention to obtain an absolute stay, referencing a favorable previous ruling by the Income Tax Appellate Tribunal. The High Court's decision focused on expediting the review of the stay application by the Commissioner of Income Tax (Appeals).

• Counselvise Citation: [2018] 140 COUNSELVISE.COM (IT) 755341 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 21-02-2018
• Assessment Year: misc
• Other Referred Cases: ITA NOS. 474, 484 AND 485/COCH/2016
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: CHRISTOPHER ABRAHAM
• Assessee Lawyers: SUMATHY DANDAPANI; MILLU DANDAPANI
• Keywords: Appeal; Assessment Order; Income Tax; Self-assessment; Stay Petition
• Section: 143(3); 220(6)

Judgement Text

" IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR WEDNESDAY, THE 21ST DAY OF FEBRUARY 2018 / 2ND PHALGUNA, 1939 WP(C).No. 5083 of 2018 PETITIONER(S) KERALA LIVE STOCK DEVELOPMENT BOARD LTD. GOKULAM,PATTOM, THIRUVANANTHAPURAM - 695 004, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADVS.SMT.SUMATHY DANDAPANI (SR.) SRI.MILLU DANDAPANI RESPONDENT(S): 1. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE(1), KOWDIAR, THIRUVANANTHAPURAM - 695 003. 2. PRINCIPAL COMMISSIONER OF INCOME TAX OFFICE OF THE PRINCIPAL COMMISSIONER OF INCOME TAX, KOWDIAR, THIRUVANANTHAPURAM - 695 003. 3. THE COMMISSIONER OF INCOME TAX(APPEALS), KOWDIAR THIRUVANANTHAPURAM - 695 003. R BY SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5083 of 2018 (I) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 30.12.2016. EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE DATED 30.12.2016 ISSUED BY THE 1ST RESPONDENT FOR A SUM OF RS.13,22,20,080/-. EXHIBIT P3 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE COMMISSIONER OF INCOME TAX (APPEALS) DTD. 25.01.2017. EXHIBIT P4 TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 07.02.2017. EXHIBIT P5 TRUE COPY OF THE LETTER BEARING NO.CIR-1(1) TVM/STAY/16-17 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 20.02.2017. EXHIBIT P6 TRUE COPY OF THE PETITION FOR STAY FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 2.3.2017. EXHIBIT P7 TRUE COPY OF THE LETTER BEARING NO.CIR-1(1)TVM/STAY/16-17 DATED 17.03.2017. EXHIBIT P8 TRUE COPY OF THE ORDER NO.C.NO. 701/J/CIT/STAY/86/2016-17 DATED 23.01.2018 PASSED BY THE 2ND RESPONDENT. EXHIBIT P9 TRUE COPY OF THE LETTER BEARING NO.AAACK9533D/CIR-I/TVM/17-18 DATED 7.2.2018 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P10 TRUE COPY OF THE COMMON ORDER IN ITA NOS. 474, 484 AND 485/COCH/2016 DATED 1.2.2018. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// SD/- P.A. TO JUDGE P.B.SURESH KUMAR, J. ================ W.P.(C).No.5083 of 2018 -------------------------------------------- Dated this the 21st day of February, 2018 J U D G M E N T Petitioner is an assessee under the Income T ax Act (the Act) on the rolls of the first respondent. The self assessment made by the petitioner under the Act for the year 2014-’15 has been revised by the first respondent in terms of Ext.P1 order under Section 143(3) of the Act. Aggrieved by Ext.P1 order, the petitioner preferred Ext.P3 appeal before the third respondent and the same is pending. Ext.P11 is the stay petition preferred by the petitioner in Ext.P3 appeal. Earlier, the petitioner had moved the assessing authority under sub- section (6) of Section 220 of the Act for stay of realisation of the amounts covered by Ext.P1 order. In terms of Ext.P5 order, the assessing authority granted the stay sought for by the petitioner on condition that they shall remit 15% of the W.P.(C).No.5083 of 2018 : 2 : demand. The petitioner though moved the second respondent for a review of Ext.P5 order, the second respondent, as per Ext.P8, modified Ext.P5 order directing the petitioner to pay 20% of the demand. The petitioner is aggrieved by Exts.P5 and P8 orders. The case of the petitioner is that in the light of Ext.P10 order passed by the Income T ax Appellate Tribunal in respect of the assessments of the petitioner for the previous years, the petitioner ought to have been granted absolute stay by the authorities. The petitioner, therefore, seeks appropriate directions in this regard. 2. Heard the learned counsel for the petitioner as also the learned Standing Counsel for the respondents. Having regard to the facts and circumstances of the case, especially Ext.P10 order passed by the Income T ax Appellate Tribunal, I deem it appropriate to dispose of the writ petition directing the third respondent to pass orders on Ext.P11 application for stay. Ordered accordingly. This shall be done within two months from the date of receipt of a copy of this judgment. Needless to say that in the matter of complying with the direction aforesaid, Ext.P10 order passed by the Income T ax Appellate W.P.(C).No.5083 of 2018 : 3 : Tribunal in the case of the petitioner for the previous years shall be taken into account. Needless also to say that further proceedings pursuant to Ext.P1 order shall be deferred till orders are passed by the appellate authority as directed above. sd/- P.B.SURESH KUMAR JUDGE SKS "