RAJAKUMARI SHOPPING MALL LLP vs. ADDITIONAL/ JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX,
What did the High Court hold?
The High Court of Kerala, while considering the writ petition, acknowledged the petitioner's grievance regarding the apprehension of coercive proceedings before their stay petition is decided by the Income Tax Appellate Tribunal. The Court found merit in directing the Tribunal to consider the stay petition expeditiously. Accordingly, the Tribunal was directed to consider and pass orders on the stay petition (Ext.P6) within a period of two months from the date of receipt of a copy of the judgment. Until a decision is taken on the stay petition, all coercive proceedings against the petitioner pursuant to the assessment order (Ext.P4) were ordered to be kept in abeyance. The writ petition was disposed of with these directions.
What were the facts?
The petitioner, Rajakumari Shopping Mall LLP, is aggrieved by an order of assessment for the assessment year 2016-17, marked as Ext.P1. The petitioner has filed an appeal before the Income Tax Appellate Tribunal (3rd respondent), a copy of which is Ext.P5. Concurrently, a petition for stay of proceedings (Ext.P6) was filed. The petitioner apprehends coercive recovery proceedings before their stay petition is adjudicated. Consequently, they have filed this writ petition seeking intervention. The respondents include various income tax authorities and the Income Tax Appellate Tribunal.
What were the issues?
1. Whether the petitioner is entitled to have coercive proceedings stayed pending the disposal of their stay petition before the Income Tax Appellate Tribunal? The petitioner argued that they have filed an appeal and a stay petition, and they apprehend coercive action before the stay petition is considered. They seek a direction for the expeditious disposal of the stay petition and a stay on coercive proceedings in the interim. The respondents did not record any specific arguments against the petitioner's plea for a stay on coercive proceedings pending the disposal of the stay petition. The court considered the submissions of both parties.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT Aggrieved by Ext.P1 order of assessment relating to assessment year 2016-17, the petitioner has preferred an appeal before the 3rd respondent, a copy of which is produced as Ext.P5. A petition for stay of proceedings pursuant to the assessment order has also been filed as Ext.P6. Petitioner apprehends coercive proceedings to be effected even before the petition for stay is considered. Hence this writ petition.
Having considered the submissions of the counsel for the petitioner as well as the respondents, I am of the opinion that this writ petition itself can be disposed of with a direction.
Accordingly, there will be a direction to the 3rd respondent to consider and pass orders on Ext.P6 stay petition, within a period of two months from the date of receipt of a copy of this judgment. Till such a decision is taken, all coercive proceedings against the petitioner pursuant to Ext.P4 shall be kept in abeyance. The writ petition is disposed of as above. ZIYAD RAHMAN A.A. JUDGE bpr
-3- W.P.(C) NO.14612 OF 2022
Appendix — schedule of exhibits
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