THIRUVANANTHAPURAM DISTRICT COOPERATIVE BANK LTD. vs. COMMISSIONER OF INCOME TAX
What did the High Court hold?
The High Court held that the demand of Rs. 3,67,05,090/- as a pre-condition for hearing the appeal could not be sustained. The Court noted that the petitioner had already deposited over 33% of the demand, which is in excess of the 20% required as a pre-condition according to the Ext.P9 departmental instructions. Therefore, the Ext.P10 order demanding the higher pre-deposit was set aside. The appellate authority was directed to decide the petitioner's appeal on merits expeditiously. The principle established is that if an assessee has complied with the pre-deposit requirement as per departmental instructions, a higher pre-deposit should not be demanded as a condition for hearing the appeal.
What were the facts?
The petitioner, Thiruvananthapuram District Co-operative Bank Ltd., is challenging an Income Tax assessment order for the assessment year 2009-2010. After filing an appeal and a stay petition against the assessment order, the petitioner had remitted 33.8% of the total demand. However, the appellate authority issued an order demanding a pre-condition deposit of Rs. 3,67,05,090/- out of a total demand of Rs. 5,54,65,330/-. This demand was assailed by the petitioner in the present writ petition.
What were the issues?
1. Whether the demand of Rs. 3,67,05,090/- as a pre-condition for hearing the appeal is sustainable, given the departmental instructions and the amount already paid by the assessee? (Question of law and fact, concerning the interpretation and application of departmental instructions and the principles of pre-deposit for appeals). Assessee's Contention: The petitioner argued that they had already paid over 33% of the total demand, which exceeds the 20% stipulated in the Ext.P9 Office Memorandum as a sufficient pre-deposit for an appeal. Revenue's Contention: The learned Standing Counsel for the revenue agreed that the petitioner had deposited over 33% of the demand.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
J U D G M E N T The petitioner is a Co-operative Bank, and the dispute concerns the Income Tax assessment for the year 2009-2010. Against the Ext.P5 assessment order, the petitioner filed the Ext.P7 appeal and the Ext.P8 stay petition. By then the petitioner remitted 33.8% of the total demand. Nevertheless the appellate authority issued the Ext.P10, demanding the petitioner to deposit, as a pre- condition, Rs.3,67,05,090/-, out of Rs.5,54,65,330/-. Assailing the Ext.P10, the petitioner has filed this writ petition.
The petitioner's counsel has contended that the petitioner has already paid over 33%, whereas the Ext.P9 Office Memorandum mandates that it will suffice if the assessee in appeal pays 20%.
The learned Standing Counsel also agrees that the petitioner did deposit over 33%. In the light of the Ext.P9 departmental instructions requiring the appellant to pay 20% of the W.P.(C) No.34191/2018 -3- demand as precondition, I reckon the Ext.P10 cannot be sustained. Accordingly, I set it aside. The appellate authority will decide the petitioner's appeal on merits, expeditiously. Thus I dispose of the writ petition. DAMA SESHADRI NAIDU JUDGE jjj
Appendix — schedule of exhibits
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