THE KARANNUR SERVICE CO-OPERATIVE BANK LIMITED vs. INCOME TAX OFFICER
What did the High Court hold?
The High Court acknowledged the petitioner's submission that the payment of such a huge amount would lead to the closure of the bank's business. However, it also noted that an absolute stay without any condition is not permissible. Taking into account the overall facts and circumstances, the Court modified the impugned order. The condition for stay was substituted with a payment of Rs. 2 Crores, to be paid in two installments: the first on February 25, 2019, and the second on March 25, 2019. Additionally, the Court directed that the appeals before the Commissioner of Income Tax (Appeals) should be disposed of within an outer limit of four months. The writ petition was disposed of with these directions.
What were the facts?
The petitioner, The Karanur Service Co-operative Bank Limited, filed a writ petition before the High Court of Kerala challenging an order passed by the Commissioner of Income Tax (Appeals) (third respondent). The order directed the petitioner to deposit Rs. 12 Crores as a condition for stay in two appeals. The petitioner had already paid Rs. 50 lakhs. The petitioner argued that paying the remaining amount would halt its entire business operations. The respondents, represented by the Standing Counsel, opposed the petition, contending that the discretion exercised by the appellate authority should not be interfered with by the High Court.
What were the issues?
1. Whether the High Court should interfere with the discretion exercised by the Commissioner of Income Tax (Appeals) in imposing a condition of deposit for stay, considering the financial implications on the petitioner's business? (Question of law and fact, concerning the principles of judicial review and the powers of appellate authorities under the Income Tax Act). Assessee's Contention: The petitioner argued that the imposed deposit of Rs. 12 Crores, in addition to the Rs. 50 lakhs already paid, would cripple its business operations, as it is a co-operative bank with limited jurisdiction. Revenue's Contention: The revenue argued that the discretion exercised by the third respondent (Commissioner of Income Tax Appeals) in imposing the condition for stay should not be interfered with by the High Court.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT The petitioner is a Co-operative Bank. They preferred appeals before the third respondent. The petitioner was directed to deposit Rs.12 Crores as a condition for stay in two appeals. The petitioner had already paid Rs.50 lakhs. The petitioner submits that if that amount is paid, the entire business of the Bank would come to a halt.
The learned Standing Counsel appearing for the respondents opposed the prayers in the writ petition and would submit that the discretion exercised by the third respondent shall not be interfered by this Court.
I have gone through the entire materials. The petitioner’s Bank is a Co- operative Bank having its operation within the limited jurisdiction in Calicut. I also agree with the learned senior counsel appearing for the petitioner that such huge amount is liable to be paid, the petitioner’s Bank will have to close the business. However, at the same time, there cannot be an absolute stay without any WP(C).No.3620/2019 3 condition. Taking note of the overall facts and circumstances, I am of the view that the impugned order has to be modified by substituting payment of sum of Rs.2 Crores in two instalments starting from 25.2.2019 and followed by 25.3.2019 The appeals shall also be disposed within an outer limit of four months. The writ petition is disposed of as above. A.MUHAMED MUSTAQUE JUDGE ln
WP(C).No.3620/2019 4
Appendix — schedule of exhibits
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