CHULLOPPILLI HOUSE ULAHANNAN POULOSE, vs. ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX/INCOME TAX OFFICER, NATIONAL FACELES
What did the High Court hold?
The High Court directed the third respondent (Commissioner of Income Tax (Appeals)) to consider and pass orders on the stay petitions (Exts.P6 and P7) after affording an opportunity of hearing to the petitioner. Furthermore, any garnishee proceedings issued to the petitioner were ordered to be withdrawn until orders are passed on the stay petitions. The parties are to be governed by the orders passed by the third respondent on the stay petitions. The court did not decide on the merits of the assessment orders or the claim of agricultural income exemption.
What were the facts?
The petitioner, Ulahannan Poulose, is challenging assessment orders for AY 2018-19 and 2020-21. He has filed appeals against these orders and stay petitions. The petitioner's counsel submitted that the income assessed is entirely agricultural income, which is exempt from tax. He requested a direction for the third respondent (Commissioner of Income Tax (Appeals)) to consider the stay petitions after a hearing, and for garnishee proceedings against banks to be withdrawn pending the decision on the stay petitions. The Income Tax Department was represented by its Standing Counsel.
What were the issues?
1. Whether the third respondent should be directed to consider and pass orders on the stay petitions (Exts.P6 and P7) after affording an opportunity of hearing to the petitioner? (Question of procedure/natural justice). The petitioner argued for a direction to the third respondent to consider and pass orders on the stay applications, and for garnishee proceedings to be withdrawn pending this consideration. The revenue, represented by the Standing Counsel, was heard but no specific arguments were recorded regarding the stay petitions or garnishee proceedings.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
J U D G M E N T The petitioner suffered Exts.P1 and P3 orders of assessment for the assessment years 2018-19, and 2020-21 under the Income Tax Act, 1961. The petitioner has preferred Ext.P2 appeal against Ext.P1 order of assessment and Ext.P4 appeal against Ext.P3 order of assessment. The petitioner has also preferred Exts.P6 and P7 stay petitions in Exts.P2 and P4 appeals.
The learned counsel for the petitioner submits that there may be a direction to the third respondent to consider and pass orders on Exts.P6 and P7 stay applications, after affording an opportunity of hearing to the petitioner. He submits that the garnishee proceedings issued against the banks may be withdrawn, pending consideration of the stay petitions by the third respondent.
Heard Sri.P.G.Jayashankar for the Income Tax Department also.
Having heard the learned counsel for the petitioner, the learned Standing Counsel appearing for the respondent Department and having regard to the facts and circumstances of the case and considering the submission of the learned counsel for the petitioner that the entire income assessed in terms of Exts.P1 and P3 is exempt from taxation under the Income Tax Act, 1961 on account of the same being completely agricultural income, this writ petition will stand disposed of directing the third respondent to consider and pass orders on Exts.P6 and P7 stay petitions, after affording an opportunity of hearing to the petitioner. Any garnishee proceedings issued to the petitioner shall be withdrawn till orders are passed on the stay petitions. Thereafter, the parties shall be governed by the orders to be passed in the stay petitions by the third respondent. The writ petition is disposed of as above. GOPINATH P., JUDGE rkj
Appendix — schedule of exhibits
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