RAKESH MANU V. THE COMMISSIONER OF INCOME TAX (APPEALS)

WP(C)/30925/2011

AI Insights

The case involves Rakesh Manu, the petitioner, who challenged an order (Ext.P4) related to the payment of a stay amount as a condition for appealing against tax assessment orders for three consecutive assessment years. The petitioner argued that the condition imposed was excessive, requiring payment of more than Rs. 4 lakhs, which constituted almost two-thirds of the total amount demanded. However, the court clarified that the actual amount required for the stay was only Rs. 2 lakhs, which was less than one-third of the total disputed tax. The court, after considering the arguments and the legal framework, decided not to interfere with the order and upheld the demand for Rs. 2 lakhs to be paid by the petitioner.

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 764815 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 21-11-2011
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: V A PRADEEP KUMAR; K S RAJESH; M SHAJU PURUSHOTHAMAN
• Keywords: Appeal; Assessment Order; Income Tax; Stay Petition
• Section: 68; 69; 67

Judgement Text

" IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 30925 of 2011(M) -------------------------------------- PETITIONER: ------------------- RAKESH MANU, AGED 22 YEARS, S/O.DR.RADHAKRISHNAN, SANTHIMADOM, THEKKENALUVAZHI, N.PARAVUR, ERNAKULAM DISTRICT. BY ADVS. SRI.V.A.PRADEEP KUMAR, SRI.K.S.RAJESH, SRI.M.SHAJU PURUSHOTHAMAN. RESPONDENTS: ------------------------ 1. THE COMMISSIONER OF INCOME TAX (APPEALS) III, KERA BHAVAN, KOCHI- 682 030. 2. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, ERNAKULAM, KOCHIN-682 031. R1 & R2 BY SRI. JOSE JOSEPH, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.30925/2011-M: APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT-P1. TRUE COPY OF THE APPEAL MEMORANDUM, AFFIDAVIT AND STAY PETITION DURING THE PERIOD OF 2007-2008-APPEAL NO.68/CENT/CIT(A)-III-2010-2011. EXHIBIT-P2. TRUE COPY OF THE APPEAL MEMORANDUM, AFFIDAVIT AND STAY PETITION DURING THE PERIOD OF 2008-2009-APPEAL NO.ITA.69/CENT/CIT(A)-III-2010-2011. EXHIBIT-P3. TRUE COPY OF THE APPEAL MEMORANDUM, AFFIDAVIT AND STAY PETITION DURING THE PERIOD OF 2009-2010-APPEAL NO.ITA.67/CENT/CIT(A)-III-2010-2011. EXHIBIT-P4. TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT ON 25.10.2011 IN EXT.P1 TO P3 APPEALS. EXHIBIT-P5. TRUE COPY OF THE ASSESSMENT ORDER PASSED BY THE 2ND RESPONDENT AGAINST THE PETITIONER DURING THE PERIOD 2007- 2008. EXHIBIT-P6. TRUE COPY OF THE ASSESMENT ORDER PASSED BY THE 2ND RESPONDENT AGAINST THE PETITIONER DURING THE PERIOD 2008- 2009. EXHIBIT-P7. TRUE COPY OF THE ASSESSMENT ORDER PASSED BY THE 2ND RESPONDENT AGAINST THE PETITIONER DURING THE PERIOD 2009- 2010. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.30925 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of November, 2011 J U D G M E N T The petitioner is challenging Ext.P4 order in an appeal filed by the petitioner against assessment orders in appeals under the Income Tax Act whereby the petitioner has been directed to pay amounts as a condition for stay. According to the petitioner, going by the understanding of the petitioner, the petitioner is directed to pay more than Rs.4 lakhs as a condition for stay which is almost 2/3rd of the amount demanded. 2. I have heard the learned Standing Counsel for the Income Tax Department also. 3. The operative portion of Ext.P4 reads as follows: “5. Considering the totality of the facts, the appellant is directed to pay Rs.2 lakhs in respect of the demand raised for the A.Y. 2007-08 on or before 08.11.2011 and the balance demand of Rs.2,42,519/- for A.Y. 2007-08, Rs.86,752/- for A.Y. 2008-09 and Rs.1,31,451/- for A.Y. 2009-10 is stayed subject to the payment of Rs.2 lakhs on or before 08.11.2011 till the disposal of appeal for the respective assessment years. The stay petition is disposed off accordingly.” Going by the same, I am of opinion that the petitioner is W.P.(C)No.30925 of 2011 -2- directed to pay only Rs.2 lakhs as a condition for stay which is less than 1/3rd of the total tax disputed in the appeals. In the above circumstances, I am not inclined to interfere with Ext.P4 order. The petitioner shall pay Rs.2 lakhs as demanded in Ext.P4 within two weeks from today. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/ "