MULLANKOLLY SERVICE CO-OPERATIVE BANK V. INCOME TAX OFFICER

WP(C)/6970/2019

AI Insights

The case involves multiple Primary Agricultural Credit Societies (PACs) from Wayanad District, which challenged the penalty orders imposed on them under Sections 271D and 271E of the Income Tax Act for accepting cash deposits exceeding Rs. 20,000 from their members, in violation of Section 269SS. The penalties ranged from approximately Rs. 36 Crores to Rs. 218 Crores. The petitioners appealed against these penalties to the First Appellate Authority and sought a stay on the recovery of the penalties from the Joint Commissioner of Income Tax, who granted a conditional stay requiring the payment of 10% of the confirmed penalty. The petitioners, citing financial difficulties, approached the High Court, which had previously stayed the recovery of the penalties and directed the appellate authority to expedite the decision on their appeals.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 754623 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 11-10-2019
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Partly Allowed
• Court: HIGH COURT
• Department Lawyers: CHRISTOPHER ABRAHAM
• Assessee Lawyers: M P KUMAR; BINDU SREEDHAR; ASIF
• Keywords: Cash deposits; Financial condition; Income Tax; Penalty; Primary Agricultural Credit Societies; Stay of recovery
• Section: 271D; 271E; 269SS; 226

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 11TH DAY OF OCTOBER 2019 / 19TH ASWINA, 1941 WP(C).No.6907 OF 2019(K) PETITIONER/S: SULTHAN BATHERY SERVICE CO-OPERATIVE BANK REP. BY ITS SECRETARY, SULTHAN BATHERY, WAYANAD DISTRICT. BY ADVS. SRI.M.P.ASHOK KUMAR SMT.BINDU SREEDHAR SHRI.ASIF N RESPONDENT/S: 1 INCOME TAX OFFICER, AAYAKAR BHAVAN, KOZHIKODE- 673001. 2 JOINT COMMISSIONER OF INCOME TAX, OFFICE OF THE INCOME TAX DEPARTMENT, RANGE-2, KOZHIKODE- 673001. 3 COMMISSIONER OF INCOME TAX (APPEALS), AYAKAR BHAVAN, KOZHIKODE- 673001. R1-3 BY SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.10.2019, ALONG WITH WP(C).12007/2019(A), WP(C).6970/2019(U), WP(C).7259/2019(F), WP(C).7931/2019(N), WP(C).7959/2019(T), WP(C).7963/2019(U), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.6907/19 & conn cases 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 11TH DAY OF OCTOBER 2019 / 19TH ASWINA, 1941 WP(C).No.12007 OF 2019(A) PETITIONER/S: THIRUNELLY SERVICE CO-OPERATIVE BANK LTD KARTIKULAM, MANANTHAVADY, WAYANAD - 673 646, REPRESENTED BY ITS SECRETARY BY ADVS. SRI.P.R.VENKETESH SRI.G.KEERTHIVAS RESPONDENT/S: 1 THE INCOME TAX OFFICER AAYAKAR BHAVAN, KOZHIKODE - 673 001 2 THE JOINT COMMISSIONER OF INCPME TAX OFFICE OF THE INCOME TAX DEPARTMENT, RANGE - 2, KOZHIKODE-673001 3 THE COMMISSIONER OF INCOME TAX (APPEALS) AAYAKAR BHAVAN, KOZHIKODE- 673001 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.10.2019, ALONG WITH WP(C).6907/2019(K), WP(C).6970/2019(U), WP(C).7259/2019(F), WP(C).7931/2019(N), WP(C).7959/2019(T), WP(C).7963/2019(U), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.6907/19 & conn cases 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 11TH DAY OF OCTOBER 2019 / 19TH ASWINA, 1941 WP(C).No.6970 OF 2019(U) PETITIONER/S: MULLANKOLLY SERVICE CO-OPERATIVE BANK REP. BY ITS SECRETARY, MULLANKOLLY, WAYANAD DISTRICT. BY ADVS. SRI.M.P.ASHOK KUMAR SMT.BINDU SREEDHAR SMT.R.S.MANJULA SHRI.ASIF N RESPONDENT/S: 1 INCOME TAX OFFICER AAYAKAR BHAAVAN, KOZHIKODE-673001. 2 JOINT COMMISSIONER OF INCOME TAX OFFICE OF THE THE INCOME TAX DEPARTMENT, RANGE-2, KOZHIKODE-673001. 3 COMMISSIONER OF INCOME TAX (APPEALS), AYAKAR BHAVAN, KOZHIKODE-673001 R1-3 BY SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.10.2019, ALONG WITH WP(C).12007/2019(A), WP(C).6907/2019(K), WP(C).7259/2019(F), WP(C).7931/2019(N), WP(C).7959/2019(T), WP(C).7963/2019(U), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.6907/19 & conn cases 4 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 11TH DAY OF OCTOBER 2019 / 19TH ASWINA, 1941 WP(C).No.7259 OF 2019(F) PETITIONER/S: POOTHADY SERVICE CO-OPERATIVE BANK REP. BY ITS SECRETARY, KENICHIRA, WAYANAD DISTRICT. BY ADVS. SRI.M.P.ASHOK KUMAR SMT.BINDU SREEDHAR SHRI.ASIF N RESPONDENT/S: 1 INCOME TAX OFFICER AAYAKAR BHAVAN, KOZHIKODE-673 001 2 JOINT COMMISSIONER OF INCOME TAX OFFICE OF THE INCOME TAX DEPARTMENT, RANGE-2, KOZHIKODE-673 001 3 COMMISSIONER OF INCOME TAX (APPEALS), AYAKAR BHAVAN, KOZHIKOE-673 001 R1 BY SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.10.2019, ALONG WITH WP(C).12007/2019(A), WP(C).6907/2019(K), WP(C).6970/2019(U), WP(C).7931/2019(N), WP(C).7959/2019(T), WP(C).7963/2019(U), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.6907/19 & conn cases 5 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 11TH DAY OF OCTOBER 2019 / 19TH ASWINA, 1941 WP(C).No.7931 OF 2019(N) PETITIONER/S: KALPETTA SERVICE CO-OEPRATIVE BANK LTD., REP. BY ITS SECRETARY, KALPETTA, WAYANAD DISTRICT,- 673 121 BY ADVS. SRI.M.P.ASHOK KUMAR SMT.BINDU SREEDHAR SHRI.ASIF N RESPONDENT/S: 1 THE INCOME TAX OFFICER AAYAKAR BHAAVAN, KOZHIKODE-673 001 2 JOINT COMMISSIONER OF INCOME TAX OFFICE OF THE INCOME TAX DEPARTMENT, RANGE-2, KOZHIKODE-673 001 3 COMMISSIONER OF INCOME TAX (APPEALS) AYAKAR BHAVAN, KOZHIKODE-673 001 BY SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.10.2019, ALONG WITH WP(C).12007/2019(A), WP(C).6907/2019(K), WP(C).6970/2019(U), WP(C).7259/2019(F), WP(C).7959/2019(T), WP(C).7963/2019(U), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.6907/19 & conn cases 6 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 11TH DAY OF OCTOBER 2019 / 19TH ASWINA, 1941 WP(C).No.7959 OF 2019(T) PETITIONER/S: KANIYAMBETTA SERVICE CO-OPERATIVE BANK LIMITED REP. BY ITS SECRETARY, KANIYAMBETTA, WAYANAD DISTRICT, 673 121 BY ADVS. SRI.M.P.ASHOK KUMAR SMT.BINDU SREEDHAR SHRI.ASIF N RESPONDENT/S: 1 THE INCOME TAX OFFICER AAYAKAR BHAAVAN, KOZHIKODE-673 001 2 JOINT COMMISSIONER OF INCOME TAX, OFFICE OF THE INCOME TAX DEPARTMENT, RANGE-2, KOZHIKODE-673 001 3 COMMISSIONER OF INCOME TAX (APPEALS) AYAKAR BHAVAN, KOZHIKODE-673 001 R1-3 BY SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.10.2019, ALONG WITH WP(C).12007/2019(A), WP(C).6907/2019(K), WP(C).6970/2019(U), WP(C).7259/2019(F), WP(C).7931/2019(N), WP(C).7963/2019(U), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.6907/19 & conn cases 7 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 11TH DAY OF OCTOBER 2019 / 19TH ASWINA, 1941 WP(C).No.7963 OF 2019(U) PETITIONER/S: MADIKKAMALA SERVICE CO-OPERATIVE BANK LTD., REP. BY ITS SECRETARY, MADIKKAMALA, WAYANAD DISTRICT. BY ADVS. SRI.M.P.ASHOK KUMAR SMT.BINDU SREEDHAR SHRI.ASIF N RESPONDENT/S: 1 INCOME TAX OFFICER AAYAKAR BHAAVAN, KOZHIKODE-673 001 2 JOINT COMMISSIONER OF INCOME TAX OFFICE OF THE INCOME TAX DEPARTMENT, RANGE-2, KOZHIKODE 673 001. 3 COMMISSIONER OF INCOME TAX (APPEALS) AYAKAR BHAVAN, KOZHIKODE-673 001 BY SRI.CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.10.2019, ALONG WITH WP(C).12007/2019(A), WP(C).6907/2019(K), WP(C).6970/2019(U), WP(C).7259/2019(F), WP(C).7931/2019(N), WP(C).7959/2019(T), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.6907/19 & conn cases 8 JUDGMENT [ WP(C).6907/2019, WP(C).12007/2019, WP(C).6970/2019, WP(C).7259/2019, WP(C).7931/2019, WP(C).7959/2019, WP(C).7963/2019 ] Dated this the 11th day of October 2019 In all these writ petitions the petitioners, who are Primary Agricultural Credit Societies, are aggrieved by the penalty orders passed under the Income Tax Act against them during the assessment year 2015-16, in terms of Sections 271D and 271E of the Income Tax Act. The facts stated in the writ petitions would reveal that the petitioner societies had not complied with the requirements of Sections 269 SS and had accepted deposits from their members in excess of Rs.20,000/-, in cash. A penalty for the said action was imposed under Sections 271D and 271E of the Income Tax Act. The penalty amounts imposed on the petitioners range from approximately Rs.36 Crores to Rs.218 Crores. 2. It would appear that, against the penalty orders, the petitioners preferred appeals before the First Appellate Authority, and simultaneously moved the Joint Commissioner of Income tax, through petitions under Section 226 of the Income Tax Act for considering them as assessees not in default pending the disposal of the appeals by the appellate authority. The Joint Commissioner, after considering the case of the petitioners, directed them to pay 10% of the penalty amounts confirmed against them by the assessing authority in two equal monthly instalments, as a condition for stay of the recovery of the balance amounts confirmed against them. It is citing their poor financial condition, and inability to pay even the reduced amount directed by the 2nd respondent - the Joint WP(C).No.6907/19 & conn cases 9 Commissioner of Income Tax, that they have approached this Court through the present writ petitions, impugning the orders of the Joint Commissioner of Income Tax. 3. I have heard Sri.,Ashok Kumar and Sri.P .R.Venkatesh, the learned counsel for the petitioners and also the learned Standing Counsel for the respondents. 4. On a consideration of the facts and circumstances of the case and the submissions made across the Bar, while under normal circumstances, the orders of the Joint Commissioner of Income Tax impugned in these writ petitions cannot be seen as unreasonable or arbitrary and hence liable for interference by this Court in these proceedings under Article 226 of the Constitution of India, I take note of the submissions of the learned counsel for the petitioners, that the appeals preferred by them against the penalty orders have since been heard by the appellate authority, and orders are not passed in the appeals only because of the pendency of these writ petitions. I also note that when these writ petitions were admitted by this Court, this Court had by an interim order passed in March 2019, stayed the recovery of the penalty amounts from the petitioners during the pendency of the writ petitions. The writ petitions have been pending before this Court for over six months and a stay has also been operating in favour of the petitioners, in the meanwhile. Under the said circumstances, and taking note of the fact that the statutory appeals can now be disposed by the First Appellate Authority, I dispose these writ petitions by directing the Commissioner of Income Tax (Appeals) before whom the appeals preferred by the petitioners, against the orders of penalty passed against them under the Income Tax Act, are pending, to consider and pass orders on the same, expeditiously after hearing the petitioners, at any rate, within three months from the date of receipt of a copy of this judgment. It is made clear that pending disposal of the appeals by the WP(C).No.6907/19 & conn cases 10 Commissioner of Income Tax (Appeals), and communication of the appellate orders to the petitioners, the stay granted by this Court against recovery of penalty amounts from the petitioners shall continue to operate. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE sd WP(C).No.6907/19 & conn cases 11 APPENDIX OF WP(C) 6907/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 PENALTY ORDER DATED 26.07.2018. EXHIBIT P2 PENALTY ORDER DATED 26.07.2018. EXHIBIT P3 PHOTOCOPY OF THE APPEAL PENDING BEFORE THE 3RD RESPONDENT. EXHIBIT P4 PHOTOCOPY OF THE APPEAL PENDING BEFORE THE 3RD RESPONDENT. EXHIBIT P5 PHOTOCOPY OF THE STAY PETITION DATED 23.01.2019. EXHIBIT P6 PHOTOCOPY OF THE STAY PETITION DATED 23.01.2019. EXHIBIT P7 PHOTOCOPY OF THE INTERIM ORDER PASSED IN THE STAY PETITION 31.01.2019. EXHIBIT P8 PHOTOCOPY OF THE INTERIM ORDER PASSED IN THE STAY PETITION 31.01.2019. EXHIBIT P9 PHOTOCOPY OF THE RELEVANT PAGE OF THE BALANCE SHEET DATED 31.03.2015. WP(C).No.6907/19 & conn cases 12 APPENDIX OF WP(C) 12007/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 25.6.2018 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 25.1.2018 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P3 TRUE COPY CO THE REPLY SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 14.2.2018 EXHIBIT P4 THE TRUE COPY OF THE BALANCE SHEET AS ON 31.3.2015 DATED 15.2.2016 OF THE PETITIONER SOCIETY EXHIBIT P5 TRUE COPY OF THE TRADE, PROFIT AND LOSS ACCOUNT FOR THE YEAR ENDED 31.3.2015 OF THE PETITIONER BANK DATED 15.2.2016 EXHIBIT P6 TRUE COPY OF PROFIT & LOSS ACCOUNT FOR THE YEAR ENDED 31.3.2015 OF THE PETITIONER SOCIETY DATED 15.2.2016 EXHIBIT P7 TRUE COPY OF THE PROFIT & LOSS APPROPRIATION ACCOUNT FOR THE YEAR ENDED 31.3.2015 OF THE PETITIONER SOCIETY EXHIBIT P8 TRUE COPY OF THE DEMAND NOTICE DATED 26.7.2018 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER SOCIETY EXHIBIT P9 TRUE COPY OF ASSESSMENT YEAR UNDER SECTION 271D R/W SECTION 269 SS ISSUED BY THE 2ND RESPONDENT DATED 26.7.2018 FOR THE ASSESSMENT YEAR 2015-16 EXHIBIT P10 TRUE COPY OF THE APPEAL FILED BEFORE THE 3RD RESPONDENT BY THE PETITIONER AGAINST DEMAND NOTICE UNDER SEC.271D DATED 28.8.2018 EXHIBIT P11 TRUE COPY OF THE STAY APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 23.1.2019 WP(C).No.6907/19 & conn cases 13 EXHIBIT P12 TRUE COPY OF THE STAY ORDER DATED 31.1.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P13 TRUE COPY OF THE DEMAND NOTICE DATED 26.7.2018 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P14 TRUE COPY OF THE ASSESSMENT ORDER FOR THE YEAR 2015-16 DATED 26.7.2018 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P15 TRUE COPY OF THE WRITTEN SUBMISSIONS FILED BY THE PETITIONER SOCIETY AGAINST THE NOTICE UNDER SECTION 274 R/W SECTION 271E OF THE INCOME TAX ACT DATED 14.2.2018 EXHIBIT P16 TRUE COPY OF THE STAY APPLICATION FILED BY THE PETITIONER DATED 23.1.2019 AGAINST RECOVERY OF DEMAND LEVIED UNDER SECTION 271E EXHIBIT P17 TRUE COPY OF THE ORDER DATED 31.1.2019 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 271E IN RESPONSE TO THE STAY APPLICATION EXHIBIT P18 TRUE COPY OF THE INTERIM ORDER DATED 11/03/2019 IN WP(C) 6907 OF 2019 EXHIBIT P19 TRUE COPY OF THE APPEAL FILED BEFORE THE 3RD RESPONDENT AGAINST DEMAND NOTICE UNDER SEC.271E BY THE PETITIONER DATED 28.8.2018 WP(C).No.6907/19 & conn cases 14 APPENDIX OF WP(C) 6970/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 PENALTY ORDER DATED 26/07/2018. EXHIBIT P2 PENALTY ORDER DATED 26/07/2018. EXHIBIT P3 PHOTOCOPY OF THE APPEAL PENDING BEFORE THE 3RD RESPONDENT. EXHIBIT P4 PHOTOCOPY OF THE APPEAL PENDING BEFORE THE 3RD RESPONDENT. EXHIBIT P5 PHOTOCOPY OF THE STAY PETITION DATED 23/01/2019. EXHIBIT P6 PHOTOCOPY OF THE STAY PETITION DATED 23/01/2019. EXHIBIT P7 PHOTOCOPY OF THE INTERIM ORDER PASSED IN THE STAY PETITION 31/01/2019 EXHIBIT P8 PHOTOCOPY OF THE INTERIM ORDER PASSED IN THE STAY PETITION 31/01/2019. EXHIBIT P9 PHOTOCOPY OF THE RELEVANT PAGE OF THE BALANCE SHEET DATED 31/03/2015. WP(C).No.6907/19 & conn cases 15 APPENDIX OF WP(C) 7259/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 PENALTY ORDER DATED 26.07.2018 EXHIBIT P2 PENALTY ORDER DATED 26/07/2018 EXHIBIT P3 PHOTOCOPY OF THE APPEAL PENDING BEFORE THE 3RD RESPONDENT. EXHIBIT P4 PHOTOCOPY OF THE APPEAL PENDING BEFORE THE 3RD RESPONDENT. EXHIBIT P5 PHOTOCOPY OF THE STAY PETITION DATED 23.01.2019 EXHIBIT P6 PHOTOCOPY OF THE STAY PETITION DATED 23.01.2019 EXHIBIT P7 PHOTOCOPY OF THE INTERIM ORDER PASSED IN THE STAY PETITION 31.01.2019 EXHIBIT P8 PHOTOCOPY OF THE INTERIM ORDER PASSED IN THE STAY PETITION 31.01.2019 EXHIBIT P9 PHOTOCOPY OF THE RELEVANT PAGE OF THE BALANCE SHEET DATED 31.03.2015 WP(C).No.6907/19 & conn cases 16 APPENDIX OF WP(C) 7931/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 PENALTY ORDER DATED 26.07.2018. EXHIBIT P2 PENALTY ORDER DATED 26.07.2018 EXHIBIT P3 PHOTOCOPY OF THE APPEAL PENDING BEFORE THE 3RD RESPONDENT. EXHIBIT P4 PHOTOCOPY OF THE APPEAL PENDING BEFORE THE 3RD RESPONDENT. EXHIBIT P5 PHOTOCOPY OF THE STAY PETITION DATED 25.01.2019. EXHIBIT P6 PHOTOCOPY OF THE STAY PETITION DATED 25.01.2019 EXHIBIT P7 PHOTOCOPY OF THE INTERIM ORDER PASSED IN THE STAY PETITION 31.01.2019 EXHIBIT P8 PHOTOCOPY OF THE INTERIM ORDER PASSED IN THE STAY PETITION 31.01.2019 WP(C).No.6907/19 & conn cases 17 APPENDIX OF WP(C) 7959/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 PENALTY ORDER DATED 26.07.2018 EXHIBIT P2 PENALTY ORDER DATED 26.07.2018. EXHIBIT P3 PHOTOCOPY OF THE APPEAL PENDING BEFORE THE 3RD RESPONDENT. EXHIBIT P4 PHOTOCOPY OF THE APPEAL PENDING BEFORE THE 3RD RESPONDENT. EXHIBIT P5 PHOTOCOPY OF THE STAY PETITION DATED 25.01.2019. EXHIBIT P6 PHOTOCOPY OF THE STAY PETITION DATED 25.01.2019 EXHIBIT P7 PHOTOCOPY OF THE INTERIM ORDER PASSED IN THE STAY PETITION 31.01.2019 EXHIBIT P8 PHOTOCOPY OF THE INTERIM ORDER PASSED IN THE STAY PETITION 31.01.2019 WP(C).No.6907/19 & conn cases 18 APPENDIX OF WP(C) 7963/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 PENALTY ORDER DATED 26.07.2018 EXHIBIT P2 PENALTY ORDER DATED 26.07.2018 EXHIBIT P3 PHOTOCOPY OF THE APPEAL PENDING BEFORE THE 3RD RESPONDENT. EXHIBIT P4 PHOTOCOPY OF THE APPEAL PENDING BEFORE THE 3RD RESPONDENT. EXHIBIT P5 PHOTOCOPY OF THE STAY PETITION DATED 25.01.2019 EXHIBIT P6 PHOTOCOPY OF THE STAY PETITION DATED 25.01.2019 EXHIBIT P7 PHOTOCOPY OF THE INTERIM ORDER PASSED IN THE STAY PETITION 31.01.2019 EXHIBIT P8 PHOTOCOPY OF THE INTERIM ORDER PASSED IN THE STAY PETITION 31.01.2019 "