M/S.MALABAR SANDS AND STONES (P) LTD. V. THE PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), KOCHI

WA/961/2018

AI Insights

The case involves Malabar Sands and Stones (P) Ltd., which appealed against a decision requiring them to pay their income tax liability in 12 equal monthly installments. The appellant argued for an extension to 24 installments due to financial difficulties. The respondents, income tax authorities, opposed this extension. The court, considering the appellant's financial burden, modified the payment schedule to 20 installments.

• Counselvise Citation: [2018] 140 COUNSELVISE.COM (IT) 697391 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 15-05-2018
• Assessment Year: misc
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: SANTHOSH MATHEW; ARUN THOMAS; JENNIS STEPHEN; VIJAY PAUL; KARTHIKA MARIA; MARIA ROY
• Keywords: Assessment Order; Financial Difficulties; Income Tax; Instalment payment; Rectification

Judgement Text

" IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR. JUSTICE ASHOK MENON TUESDAY, THE 15TH DAY OF MAY 2018 / 25TH VAISAKHA, 1940 WA.No. 961 of 2018 IN WPC. 8378/2018 AGAINST THE JUDGMENT IN WP(C) 8378/2018 of HIGH COURT OF KERALA DATED 13-03-2018 APPELLANT(S) M/S.MALABAR SANDS AND STONES (P) LTD. PAN; AAGCM186Q, PARAPPA, P.O. KATTAPARAMBA, KANNUR - 670 571, REPRESENTED BY ITS MANAGING DIRECTOR, HARIS CHARATTIADAN, AGED 47, S/O. MEMI. BY ADVS.SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL SMT.KARTHIKA MARIA SMT.MARIA ROY RESPONDENT(S): 1. THE PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), KOCHI O/O. THE COMMISSIONER OF INCOME TAX (CENTRAL), COCHIN, 5TH FLOOR, KANDAMKULATHY TOWERS, M.G. ROAD, COCHIN - 682 011. 2. THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE - 2 AAYAKAR BHAVAN (NORTH BLOCK), KOZHIKODE - 673 001. R BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15-05-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA 961/2018 APPENDIX Annexure A: True copy of the interim order dated 13/4/2018 in W.P.(C) No. 4022 of 2017 of the learned Sngle Judge of this Honorable Court. Annexure B: true copy of the copy of the intimation given to the Assistant Commissioner of income tax alongwith the challan evidencing payment of Rs. 47,50,000/- by the petitioner. Annexure C: True copy of the Interim Order passed on 27/4/2018 in W.A.No.924/2018 of this Honourable Court. Annexure D: True copy of the request dated 22/3/2018 made by the Appellant for rectification of the mistake in the Assessment order for the year 2013-14 of the Assessment to the Asst.Commissioner of income Tax Annexure E: True copy of the request dated 22/3/2018 made by the Appellant for rectification of the mistake in the Assessment order for the year 2014-15 of the Assessment to the Asst.Commissioner of Income Tax. Annexure F: True copy of the request dated 22/3/2018 made by the Appellant for rectification of the mistake in the Assessment order for the year 2015-16 of the Assessment to the Asst.Commissioner of Income Tax. RESPONDENTS' EXTS: NIL TRUE COPY// PS to Judge ms A.MUHAMED MUSTAQUE & ASHOK MENON, JJ. ========================= W.A.No.961/2018 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of May, 2018 J U D G M E N T A.Muhamed Mustaque, J. This appeal is directed against the order passed by the learned Single Judge, who granted relief to the appellant to discharge the liability towards income tax in 12 equal monthly instalments. The appellant was directed to pay first of such instalment on or before 16/4/2018. 2. It is submitted at the Bar by the learned counsel for the appellant that the appellant had already remitted the first instalment within time and they now seek indulgence of this Court to enlarge the instalments to 24, pointing out the financial difficulties faced by them. The learned Standing Counsel for the respondents opposed the said prayer stating that the facts involved in this matter would clearly point out that such indulgence is unwarranted. WA 961/2018 -:2:- 3. Anyhow, taking note of the huge liability cast upon the appellant, we are of the view that the appellant should be given 20 instalments to pay off the balance amount due after the deduction of the payment already effected. Ordered accordingly. With the above modification, the writ appeal is disposed. The first of such instalment shall be paid on or before 25/5/2018 followed by every month. Sd/- A.MUHAMED MUSTAQUE, JUDGE Sd/- ASHOK MENON, JUDGE ms "