Case Law Details
Aranattukara Oriental Services Co-Operative Bank Ltd. (Kerala High Court)
High Court by referring to one of the judgment of the Division Bench of HC states that it would not be necessary that the payment of 20% can be dispensed with only if there is an order of the high court. The AO or the appellate authority while exercising the power of appeal or stay of the assessment proceedings under section 226 of the Income Act 1961 are enjoined obligation to give regard and respect to the directions of the Hon’ble High Court. The judgment of the Full Bench followed by the Division Bench has an effect on all the authorities.
Hence, HC direct the 1st respondent to decide the appeal on merits within a period of six months, without asking for 20% of the demanded amount, after affording an opportunity of hearing to the petitioner and the revenue and pass a reasonable and speaking order.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
Petitioner is a primary Co-operative Agricultural Credit Society registered under the Kerala Co-operative Societies Act. Petitioner is an assesee on the file of the 2nd respondent. While so, the 2nd respondent issued a notice under Section 156 of the Income tax Act pertaining to the assessment year 2017-18.
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