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2020 (9) TMI 202 - KERALA HIGH COURTStay of demand - Direction to pay 20% of the demand - appellant submits that in similar circumstances a Division Bench of this Court issued Annexure A judgment permitting a Co-operative Bank to pay 1% of the demand, for staying the recovery while the first appeal was pending - in second appeal, by Ext.P16 the Tribunal had directed ascertainment of the business income of the assessee and allow deduction under Section 80P - HELD THAT:- Issue dealt with by the statutory authority was not with respect to the details of depositors, but with respect to the transferring of provisions and reserves to the P&L account and claiming deduction under Section 80P. These are all adjustments made in the account which were found to be not proper by the Assessing Officer, in addition to which the relief under Section 80P was also declined. Tribunal had merely directed the deduction to be granted under Section 80P after ascertaining the business income. In such circumstances, we do not see any similarity between the issue imugned in the writ petition and and that raised in Annexure A. As left with the order of the learned Single Judge which directed payment of 20% of the demand within one month which is an exercise of discretion, we would not interfere in appeal unless there is shown arbitrariness or illegality. The appellant is granted two months' time from today, if he pays 10% of the amounts by 30.09.2020 and another 10% by 30.11.2020.
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