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2012 (5) TMI 57 - HC - Income TaxWrit petition - directing the petitioner to remit 50% of the amount in five equated monthly installments - Held that - AS a strong prima facie case has been made out by the petitioner,petitioner to remit 25% of the demand raised in two equated monthly installments - on such payment recovery of the balance tax due under Ext.P1 will stand stayed and the Appeal will be heard without any delay.
Issues: Assessment order challenge, stay petition modification
In this judgment by Justice Antony Dominic of the Kerala High Court, the petitioner challenged an order of assessment for the assessment year 2008-09 by filing an appeal and a subsequent stay petition. The Court had directed the petitioner to remit 50% of the amount in five monthly installments. The petitioner filed a writ petition challenging this order. Upon hearing both parties, the Court noted the contents of the assessment order and the petitioner's contentions in the appeal. The Court agreed that a strong prima facie case was made out by the petitioner. However, the Court found the direction to remit 50% of the amount to be too burdensome and decided to modify it. The Court directed the petitioner to pay 25% of the demand raised in two equal monthly installments - the first to be paid by 25.4.2012 and the second by 25.5.2012. Upon this payment, recovery of the remaining tax amount would be stayed, and the appeal would proceed without delay. The Court disposed of the writ petition by modifying the payment terms as outlined above, providing relief to the petitioner while ensuring compliance with the tax obligations.
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