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TMI Blog2014 (4) TMI 674X X X X Extracts X X X X X X X X Extracts X X X X ..... eals are pending - This being the position, the Court finds it not fit and proper to express anything on merits – 40% of the outstanding liability is required to be submitted as interim stay till the disposal of appeal – Partial stay granted. - WP(C). No. 5405 of 2014 - - - Dated:- 25-2-2014 - P. R. Ramachandra Menon,JJ. For the Appellant : Sri Anil D. Nair, Adv, Sri R. Sreejith, Sri. Sule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terms of the provisions of the Kerala General Sales Tax Act, 1963 are liable to be deducted from the total income, as envisaged under Section 37 of the Income Tax Act, for the purpose of computation of Income Tax. The assessee filed returns declaring the income as stated therein, in respect of the concerned assessment years. Scrutiny assessment was proposed to be made and notice was issued to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal before the first appellate authority, leading to Exts. P3 and P4 orders. The said orders being detrimental to the rights and interests, the petitioner has approached the second respondent/Tribunal by filing Exts. P5 and P6 appeals, along with Exts. P7 and P8 petitions for stay. Despite this, coercive proceedings are being taken as borne by Ext.P9, which hence is under challenge. 4. Heard S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ayments effected by the petitioner are liable to be treated as 'exclusively for the purpose of business' and hence eligible for reduction under Section 37 of the Income Tax Act, submits the learned counsel. 6. The said version is sought to be rebutted by the learned Senior Counsel appearing for the Department/Revenue pointing out that the said payments, though are not liable to be passe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d proper to express anything on merits. Considering the facts and circumstances, both the writ petitions are disposed of, directing the petitioner to satisfy 40% of the outstanding liability in both the cases, so as to have the benefit of interim stay during the pendency of the finalization of the appeals. The said amount shall be satisfied by the petitioner on or before 20.03.2014, upon which the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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