PREETHI JOHN MUTHOOT vs. THE COMMISSIONER OF INCOME TAX (APPEALS}

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WP(C)/29125/2022HC KeralaKLHC01061641202206 September 2022Author: HONOURABLE MR.JUSTICE N.NAGARESH3 pages
AI SummaryRemanded

What did the High Court hold?

The High Court held that it would be just and proper to defer coercive proceedings until the petitioner's stay petition is considered by the appellate authority. The Court directed the 1st respondent (Commissioner of Income Tax (Appeals)-III) to consider and dispose of the petitioner's appeal (Ext.P3) and stay petition (Ext.P4) within a period of two months. The Court further ordered that any coercive proceedings against the petitioner shall be deferred until the disposal of the stay petition (Ext.P4). No specific finding was made on the merits of the appeal itself, as the primary focus was on procedural relief.

What were the facts?

The petitioner, Preethi John Muthoot, filed a writ petition before the High Court of Kerala challenging a notice of demand under Section 156 of the Income Tax Act, 1961. She had preferred an appeal and a stay petition against this demand before the Commissioner of Income Tax (Appeals)-III. The petitioner sought a direction from the High Court to defer coercive proceedings until her stay petition was considered. The respondents were the Commissioner of Income Tax (Appeals)-III and the Deputy Commissioner of Income Tax.

What were the issues?

1. Whether coercive proceedings should be deferred pending the consideration of the petitioner's stay petition before the Commissioner of Income Tax (Appeals)-III? (Question of procedure and fairness). Assessee's Contention: The petitioner argued that coercive steps should be postponed until her appeal and stay petition are decided by the appellate authority. The petitioner relied on the principle that statutory appeals should not be rendered infructuous by premature recovery actions. Revenue's Contention: The judgment does not record any specific arguments made by the revenue. However, the presence of the Standing Counsel for the Income Tax Department suggests they were represented.

Which sections of the Income-tax Act were involved?

Section 156

AI-generated summary — verify with the full judgment below

Heard together (2 matters)

WP(C) NO. 29125 OF 2022
WP (C) NO.20772/2022

Read from the judgment's own cause title. This page is filed under one of them.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUE AY, THE 6TH DAY OF SEPTEMBER 2022/ 15TH BHADRA, 1944 WP(C) NO. 29125 OF 2022 PETITIONER: PREETHI JOHN MUTHOOT AGED 57 YEARS W/O THOMAS JOHN MUTHOOT MUTHOOT CENTRE, PUNNEN ROAD TRIVANDRUM, PIN - 695034 BY ADVS. G.HARIKUMAR (GOPINATHAN NAIR) AKHIL SURESH ANU BALAKRISHNAN NAMBIAR ATHUL M.V. RESPONDENTS: 1 THE COMMISSIONER OF INCOME TAX (APPEALS}-III POORNIMA, 28/243, NEAR MANORAMA JUNCTION, PANAMPILLY NAGAR, KOCHI, PIN - 682036 2 DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE, AYAKAR BHAVAN, KOWDIAR P O, TRIVANDRUM, PIN - 695003 OTHER PRESENT: SHRI.JOSE JOSEPH, SC, INCOME TAX DEPARTMENT, KERALA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

..2.. JUDGMENT Dated this the 06th day of September, 2022 Against Ext.P1 notice of demand under Section 156 of the Income Tax Act, 1961, the petitioner has preferred Ext.P3 appeal and Ext.P4 stay petition.

2.

Heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondents.

3.

As statutory appeal is pending, it will be only just and proper that coercive proceedings, if any, are deferred till stay petition of the petitioner is considered. In these circumstances, the writ petition is disposed of directing the 1st respondent to consider Ext.P3 appeal and Ext.P4 stay petition and dispose of the same in accordance with law. Ext.P3 appeal and Ext.P4 petition shall be considered within a period of two months. Coercive proceedings, if any, shall be deferred till the disposal of Ext.P4. N. NAGARESH, JUDGE skj ..3..

Appendix — schedule of exhibits
APPENDIX OF WP(C) 29125/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE ASSESSMENT ORDER FOR AY 2020-21 DATED 30.03.2022. Exhibit P2 A TRUE COPY OF STAY PETITION TO THE 2ND RESPONDENT DATED 15.07.2022 Exhibit P3 A TRUE COPY OF THE APPEAL TO THE 1ST RESPONDENT DATED 22.04.2022 Exhibit P4 A TRUE COPY OF THE PETITION FOR STAY TO THE 1ST RESPONDENT DATED 21.07.2022 Exhibit P5 A TRUE COPY OF THE JUDGMENT IN WP (C) NO.20772/2022 DATED 27.06.2022 OF THIS COURT.

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