P.C.SUNNY vs. INCOME TAX OFFICER
What did the High Court hold?
The High Court directed the 1st respondent (Income Tax Officer) to consider the petitioner's application for stay filed under Section 220(6) of the Income Tax Act within two months from the date of receipt of a certified copy of the judgment. Pending the decision on the stay application, all proceedings for recovery of amounts due under the order of assessment (Ext.P1) were to remain suspended. The Court did not decide on the merits of the stay application itself, only on the procedural direction to consider it.
What were the facts?
The petitioner, P.C. Sunny, received an order of assessment for assessment year 2018-19, leading to a demand notice. An appeal was filed before the appellate authority and was pending. The petitioner was subsequently asked to remit the outstanding amount and was informed that, as per a CBDT office memorandum dated 31-07-2017, stay on demand requires payment of 20% of the disputed demand. The petitioner filed an application for stay under Section 220(6) of the Income Tax Act, pending the appeal.
What were the issues?
1. Whether a direction should be issued to the Income Tax Officer (1st respondent) to consider and pass orders on the petitioner's stay application (Ext.P5) after providing an opportunity of being heard? Assessee's Contention: The petitioner sought a direction for the 1st respondent to consider and pass orders on Ext.P5, affording the petitioner an opportunity of being heard. Revenue's Contention: The Standing Counsel for the Income Tax Department had no objection to a direction being issued to the 1st respondent to consider Ext.P5.
Which sections of the Income-tax Act were involved?
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 Ext.P1 order of assessment for assessment year 2018-19 under the provisions of Income Tax Act, 1961. Exhibit P2 demand notice has been issued to the petitioner in respect of the demand in Ext.P1 order of assessment. The petitioner filed Ext.P3 appeal before the 2nd respondent and the appeal is stated to be pending. In the meanwhile through Ext.P4 letter dated 17-11-2022, the petitioner has been called upon to remit the outstanding amount. The petitioner has also been informed that as per the revised office memorandum issued by CBDT dated 31-07-2017, stay on demand can be granted only on payment of 20% of the disputed demand. The petitioner has filed Ext.P5 application before the 1st respondent for stay under the Section 220(6) of the Income Tax Act, pending consideration of Ext.P3 appeal by the appellate authority.
The learned counsel for the petitioner states that a direction may be issued to the 1st respondent to consider and pass orders on Ext.P5 after affording to the petitioner an opportunity of being heard.
The Standing Counsel appearing for the Income Tax Department has no objection in the direction being issued to the 1st respondent to consider Ext.P5. 4. Having heard the learned counsel for the petitioner and the learned Standing counsel for the respondent department, this writ petition will stand disposed of directing the 1st respondent to consider Ext.P5 application for stay filed under Section 220 (6) of the Income Tax Act within a period of two months from the date of receipt of a certified copy of this judgment. Till such time as orders are passed on Ext.P5, all proceedings for recovery of the amounts due under Ext.P1 order of assessment shall remain suspended. GOPINATH P. JUDGE AMG
W.P (C) No.40350/2022 -
Appendix — schedule of exhibits
More judgments on Section 220(6)
- Ramji Vaish, Allahabad vs ACIT, AllahabadITA 371/ALLD/2018[2011-12]Status: Disposed9 Jun 2026AY 2011-12
- Vijay Stone Product, Sonebhadra vs Asstt. Commissioner of Income Tax, Central…ITA 4/ALLD/2019[2011-12]Status: Disposed10 Mar 2026AY 2011-12
- Susi Charitable Trust, Khurda vs The Commissioner of Income Tax(Exemption)…ITA 582/CTK/2025[2026-27]Status: Disposed4 Dec 2025AY 2026-27
- Jayant Security and Finance Ltd, Indore vs ACIT Central-2, BhopalITA 91/IND/2025[2017-18]Status: Disposed7 Jul 2025AY 2017-18
- Jayant Security and Finance Ltd, Indore vs ACIT Central-2, BhopalITA 90/IND/2025[2016-17]Status: Disposed7 Jul 2025AY 2016-17
Recent GST High Court judgments
Search GST case law →- Kamlasana Impex Private Limited vs. Director General Of GST Intelligence (Hq) Delhi) & Anr.Delhi · 27 Oct 2026
- Ritu Gautam Proprietor Of Ms Heritage International vs. Additional Commissioner Central Goods And Services Tax Appeals Ii Delhi & Anr.Delhi · 27 Oct 2026
- Sutha vs. The State Tax Officer(Inspection-3)Madras · 27 Oct 2026
- M/S.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026
- Anisha Busa vs. Sibar Institute Of Dental SciencesAndhra Pradesh · 27 Oct 2026