SUNEER vs. ASSESSMENT UNIT, NATIONAL FACELESS ASSESSMENT CENTRE, DELHI
What did the High Court hold?
The High Court admitted the writ petition and directed the 3rd respondent, the Commissioner of Income Tax (Appeals), to take up the appeal (Ext.P2) and the stay petition (Ext.P3) filed by the petitioner. The court ordered that the stay petition be heard and disposed of within two months from the date of the order. Furthermore, the court directed that coercive steps for recovery of any demand shall be kept in abeyance until the disposal of the stay petition. The court did not decide on the merits of the appeal or the assessment order.
What were the facts?
The petitioner, Suneer, filed a writ petition before the High Court of Kerala seeking a direction for the disposal of his appeal and stay petition. The appeal was filed against an assessment order (Ext.P1) passed by the Assessment Unit, National Faceless Assessment Centre, Delhi. The stay petition (Ext.P3) was filed along with the appeal (Ext.P2) before the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre. The petitioner sought a direction for the expeditious disposal of these pending matters.
What were the issues?
1. Whether the petitioner is entitled to a direction for the expeditious disposal of his appeal and stay petition filed before the Commissioner of Income Tax (Appeals)? (Question of procedure) The petitioner's argument was that he is seeking a limited prayer for a direction to the 3rd respondent (Commissioner of Income Tax (Appeals)) to dispose of the pending appeal and stay petition. The revenue, represented by the Senior Government Pleader, took notice of the petition.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT Admit. Senior Government Pleader takes notice for respondents.
The limited prayer in the writ petition is for a direction to the 3rd respondent to dispose of Exts.P2 appeal filed against Ext.P1 assessment order and P3 stay petition. In view of the limited prayer made in the writ petition, this writ petition is disposed of directing the 3rd respondent to take up Ext.P2 appeal and Ext.P3 stay petition and hear and dispose of the stay petition within two months. The coercive steps for recovery shall be kept in abeyance till then. T.R.RAVI
JUDGE SSG
WP(C) No.17811 of 2024 : 3 : APPENDIX OF WP(C) 17811/2024 PETITIONER’S EXHIBITS Exhibit P1 AOF THE ASSESSMENT ORDER DATED 31-1-2024 UNDER SECTIONS 147 R.W.S 144 AND 144B OF THE ACT PASSED BY THE 1ST RESPONDENT FOR THE AY 2015-16 Exhibit P2 AOF THE FIRST APPEAL E-FILED ON 2-3-2024 BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR THE AY 2015-16 Exhibit P3 AOF THE STAY PETITION FOR THE AY 2015-16 E-FILED ON 17-4-2024 BEFORE THE 3RD RESPONDENT:- CIT (APPEALS), NATIONAL FACELESS APPEAL CENTRE, DELHI SEEKING STAY OF RECOVERY BASED ON EXHIBIT P-1 ASSESSMENT ORDER AND ITS ACKNOWLEDGMENT Exhibit P4 AOF THE NOTICE DATED 6-5-2024 UNDER SECTION 221(1) OF THE ACT ISSUED BY THE 2ND RESPONDENT FOR THE AY 2015-16
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