ELDHO VARGHESE vs. THE CENTRAL BOARD OF DIRECT TAXES
What did the High Court hold?
The High Court of Kerala, after hearing both sides, inclined to dispose of the writ petition with a specific direction. The court directed the 3rd respondent (Commissioner of Income Tax (Appeals)) to take up the stay petition (Ext.P4) and pass orders thereon within an outer limit of two months from the date of receipt of a copy of the judgment. Furthermore, the court ordered that all proceedings pursuant to the order of assessment (Ext.P2) shall be kept in abeyance until a decision is taken on the stay petition as directed. The court did not decide on the merits of the appeal itself, but rather on the procedural aspect of ensuring a timely decision on the stay application.
What were the facts?
The petitioner, Eldho Varghese, is aggrieved by an order of assessment, Ext.P2. He has filed an appeal, Ext.P3, along with a stay petition, Ext.P4, before the 3rd respondent, the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi. The appeal and stay petition are stated to be pending. The petitioner has approached the High Court of Kerala seeking an expeditious disposal of his pending appeal and stay petition. The respondents are the Central Board of Direct Taxes, the Additional Commissioner of Income Tax (Assessment Unit), and the Commissioner of Income Tax (Appeals). The assessment year(s) are not specified in the judgment.
What were the issues?
1. Whether the petitioner is entitled to an expeditious disposal of his pending appeal and stay petition before the 3rd respondent (Commissioner of Income Tax (Appeals))? Assessee's Contention: The petitioner seeks an expeditious disposal of his appeal and stay petition, which are currently pending before the 3rd respondent. The petitioner's primary prayer is for the authorities to consider and decide these pending matters promptly. Revenue's Contention: The judgment records that the court heard both sides. However, the specific contentions of the revenue regarding the expeditious disposal of the appeal and stay petition are not detailed in the provided text. The revenue's participation in the hearing is acknowledged, but their arguments are not elaborated.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT Aggrieved by Ext.P2 order of assessment, the petitioner has preferred Ext.P3 appeal along with Ext.P4 stay petition, which is stated to be pending consideration before the 3rd respondent. The petitioner seeks for an expeditious disposal of the same. After hearing both sides, I am inclined to dispose of this writ petition with a direction to the 3rd respondent to take up Ext.P4 stay petition and pass orders thereon, within an outer limit of two months from the date of receipt of a copy of this judgment. Till a decision is taken as directed above, all proceedings pursuant to Ext.P2 shall be kept in abeyance. VIJU ABRAHAM
JUDGE anm
W.P.(C). No.17599 of 2024 : 3 : APPENDIX OF WP(C) 17599/2024 PETITIONER EXHIBITS Exhibit P1OF THE INCOME TAX RETURN ACKNOWLEDGMENT DATED 29-04-2021 FILED BY THE PETITIONER FOR THE ASSESSMENT YEAR 2013-2014 Exhibit P2OF THE ASSESSMENT ORDER NO ITBA/AST/S/147/2021-22/1042264611(1) DATED 31-03-2022 ISSUED BY THE 2ND RESPONDENT Exhibit P3OF THE APPEAL DATED 07-05-2024 FILED FOR THE YEAR 2013-14 BEFORE THE 3RDRESPONDENT BY THE PETITIONER Exhibit P4OF THE STAY PETITION DATED 07- 05-2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P5OF THE DEMAND NOTICE NO ITBA/AST/S/156/2021-
22/1042264776(1) DATED 31-03-2022 ISSUED UNDER SECTION 156 OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEAR 2013-14 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P6OF THE JUDGMENT IN WA NO 491 OF 2024 DATED 05-04-2024 PASSED BY THE HON'BLE DIVISION BENCH RESPONDENTS' EXHIBITS : NIL.
Recent GST High Court judgments
Search GST case law →- Biswanath Rana vs. The Commissioner, CT And GST, Odisha, CuttackOrissa · 28 Oct 2026
- Sushama Mishra vs. The Commissioner Of CT And GST, Odisha, KatakOrissa · 28 Oct 2026
- Saudamini Samantray vs. Assistant Commissioner Of State Tax, CT And GST, Bhubaneswar IiOrissa · 28 Oct 2026
- M/S. Keshav Rice Mill, Ganjam vs. Chief Commissioner, CT And GST, Odisha, KatakaOrissa · 28 Oct 2026
- M/S. Nanda Contruction PVT. LTD., Angul vs. Additional Commissioner, GST And Central Excise Commissionerate, SundergarhOrissa · 28 Oct 2026