N G Gangadevi vs. THE COMMISSIONER OF INCOME TAX
What did the High Court hold?
The High Court of Kerala disposed of the writ petition by directing the National Faceless Appeal Centre to consider and pass orders on the petitioner's appeal (Ext.P4) within a period of 3 months from the date of receipt of a certified copy of the judgment. This direction was to be in accordance with law and after affording the petitioner an opportunity of hearing. Crucially, the Court ordered that any proceedings for the recovery of amounts due under Ext.P3 shall be kept in abeyance until orders are passed on Ext.P4. The National Faceless Appeal Centre was also instructed to give priority to the hearing of Ext.P4, acknowledging that the appeal was filed in 2014. The Court did not decide on the merits of the assessment itself, but rather on the procedural delay and the consequent recovery action.
What were the facts?
The petitioner, N G Gangadevi, filed a writ petition before the High Court of Kerala challenging recovery proceedings initiated against her. These proceedings were based on an assessment order (Ext.P3). The petitioner's primary grievance was that her appeal against the assessment order, filed in 2014, had not been disposed of by the Commissioner of Income Tax (Appeals-II) to date. The revenue, represented by the standing counsel, submitted that due to the introduction of the National Faceless System, the appeal would have been transferred to the National Faceless Appeal Centre. The revenue suggested that a direction be issued to this centre for the disposal of the appeal.
What were the issues?
1. Whether recovery proceedings for amounts assessed under Ext.P3 should be kept in abeyance pending the disposal of the petitioner's appeal filed in 2014 (question of mixed law and fact, concerning the procedural fairness and delay in appeal disposal). Assessee's Contention: The petitioner argued that recovery proceedings were being initiated while her appeal, filed in 2014, remained pending, causing her prejudice. Revenue's Contention: The revenue submitted that the appeal, after the introduction of the National Faceless System, would have been transferred to the National Faceless Appeal Centre. They suggested that a direction be issued to this centre to dispose of the appeal in accordance with law.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
J U D G M E N T Petitioner has approached this Court being aggrieved by the fact that proceedings are being initiated to recover amounts assessed in terms of Ext.P3, pending consideration of the appeal.
The learned counsel appearing for the petitioner would submit that the appeal was filed in the year 2014 and has not been disposed of till date.
The learned standing counsel appearing for respondent/department would point out that on the introduction of National Faceless System, the appeal would have been transferred to the National Faceless Appeal centre and a direction may have to be issued to the National Faceless Appeal Centre to dispose of Ext.P4 appeal in accordance with law.
Having regard to the facts and circumstances of the case and considering the submissions made on either side, this writ petition is disposed of directing the National Faceless Appeal centre to consider and pass orders on Ext.P4 appeal in accordance with law and after affording the petitioner an opportunity of hearing within a period of 3 months from the date of receipt of a certified copy of this judgment. Till such time as orders are passed on Ext.P4, any proceedings for recovery of the amounts due under Ext.P3 shall be kept in abeyance. The National Faceless Appeal centre shall give priority to the hearing of Ext.P4 appeal considering the fact that the appeal was filed in the year 2014. GOPINATH P. JUDGE AMG
W.P (C) No.25950/2022 -3-
Appendix — schedule of exhibits
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