ROBIN KUNJAPPY JOY vs. THE CENTRAL BOARD OF DIRECT TAXES
What did the High Court hold?
The High Court of Kerala disposed of the writ petition by directing that if the petitioner files a stay petition before the National Faceless Appeal Centre within three weeks from the date of the order, any demand arising from the assessment order (Ext.P1) shall be kept in abeyance until the Appellate Authority decides on the stay petition. The court also provided a mechanism for assistance if the petitioner faced difficulties uploading the stay petition, directing the jurisdictional Assessing Officer to help. The benefit of this judgment is contingent on the petitioner filing the stay petition within the stipulated three-week period; failure to do so would result in the loss of this benefit. The court did not decide on the merits of the assessment order or the ultimate grant of stay, but rather facilitated the procedural filing of a stay petition.
What were the facts?
The petitioner, Robin Kunjappy Joy, proprietor of M/s. RR Business Group, is challenging an order of assessment for the assessment year 2017-18. He filed an appeal before the National Faceless Appeal Centre (NFAC) against this order. The petitioner approached the High Court of Kerala apprehending recovery proceedings while his appeal was pending. The Income Tax Department's counsel noted that the petitioner had not filed a stay petition along with his appeal at the NFAC. A subsequent stay petition filed before the Assessing Officer was rejected (Ext.P6) because the petitioner had not remitted 20% of the demand, a condition stipulated under Section 220(6) of the Income Tax Act, 1961.
What were the issues?
1. Whether the petitioner is entitled to a stay of recovery proceedings pending his appeal before the National Faceless Appeal Centre, despite not having filed a stay petition along with the appeal and not having remitted 20% of the demand as per Section 220(6) of the Income Tax Act, 1961. Assessee's Contention: The petitioner sought to prevent recovery proceedings while his appeal was pending before the NFAC. The judgment does not record specific arguments made by the petitioner's counsel regarding the legal basis for the stay, but rather focuses on the procedural steps and the court's directive. Revenue's Contention: The revenue, through its Standing Counsel, pointed out that the petitioner had not filed a stay petition with his appeal and that a subsequent stay petition was rejected by the Assessing Officer due to non-compliance with the 20% pre-deposit requirement under Section 220(6) of the Income Tax Act, 1961.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT The petitioner suffered Ext.P1 order of assessment for the assessment year 2017-18 under the provisions of the Income Tax Act, 1961. Being aggrieved by the order of assessment, the petitioner has filed an appeal before the National Faceless Appeal Centre. The petitioner has approached this Court apprehending that recovery proceedings may be initiated against him to recover amounts due under Ext.P1 order of assessment pending the appeal.
Learned Standing Counsel appearing for the respondent Department would point out that the petitioner did not file any stay petition along with appeal before the National Faceless Appeal Centre and the petitioner filed Ext.P4 stay petition which was considered by the Assessing Officer and disposed of by Ext.P6 order finding that stay cannot be granted as the petitioner has not remitted 20% of the demand as a condition for stay under Section 220(6) of the Income Tax Act, 1961. It is submitted that if the petitioner files a stay petition in the appeal within a period of two weeks from today, the demand can be kept in abeyance till a decision is taken by the Appellate Authority on the stay petition to be filed by the petitioner. Having regard to the submissions made, the writ petition will stand disposed of directing that if the petitioner files a stay petition before the National Faceless Appeal Centre in Ext.P3 appeal within a period of three weeks from today, any demand against the petitioner pursuant to Ext.P1 order of assessment shall be kept in abeyance till a decision is taken on the stay petition by the Appellate Authority. If the petitioner faces any difficulty in uploading a stay petition, the petitioner may approach the juri ictional Assessing Officer, who shall assist the petitioner in uploading the stay petition to the National Faceless Appeal Centre. If the petitioner fails to file a stay petition within a period of three weeks from today, the petitioner will lose the benefit of this judgment. GOPINATH P. JUDGE DK
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
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