THE KARANNUR SERVICE CO-OPERATIVE BANK LTD. vs. INCOME TAX OFFICER
What did the High Court hold?
The High Court held that the writ petition could be disposed of with a direction. The Tribunal (4th respondent) was directed to consider and pass orders on the stay petitions (Ext.P8 and Ext.P9) within a period of three months from the date of receipt of a copy of the judgment. Until such a decision is taken by the Tribunal, all coercive proceedings against the petitioner were to be kept in abeyance. The ratio decidendi is that the High Court can issue directions to quasi-judicial authorities like the ITAT to expedite the consideration of stay petitions to prevent prejudice to the assessee, especially when coercive action is apprehended.
What were the facts?
The petitioner, The Karannur Service Co-operative Bank Ltd., is aggrieved by penalty orders under Sections 271D and 271E for assessment year 2015-16. These orders were passed by the Income Tax Officer (respondent 1) and upheld by the Joint Commissioner of Income Tax (respondent 2) and Commissioner of Income Tax (Appeals) (respondent 3). The petitioner has filed second appeals before the Income Tax Appellate Tribunal (respondent 4), producing them as Ext.P6 and Ext.P7. Stay petitions (Ext.P8 and Ext.P9) were also filed before the Tribunal. The petitioner filed the present writ petition apprehending coercive proceedings before the stay petitions could be considered by the Tribunal.
What were the issues?
1. Whether the writ petition is maintainable for directing the Income Tax Appellate Tribunal to consider stay petitions. Assessee's contention: The petitioner argued that they are apprehending coercive proceedings from the revenue even before their stay petitions are considered by the Tribunal. Therefore, a direction is necessary to ensure that their right to seek a stay is not rendered infructuous. Revenue's contention: The judgment does not record any specific contention from the respondents regarding the maintainability of the writ petition or the Tribunal's obligation to consider stay petitions. The court proceeded to pass a direction based on the petitioner's apprehension.
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 Aggrieved by Ext.P1 and Ext.P2 orders of penalty relating to assessment years 2015-16 under Sections 271D and 271E, petitioner has preferred second appeals before the 4th respondent, copies of which are produced as Ext.P6 and Ext.P7. Petitions for stay of proceedings pursuant to the assessment orders have also been filed as Ext.P8 and Ext.P9. 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 4th respondent to consider and pass orders on Ext.P8 and Ext.P9 stay petitions, within period of three months from the date of receipt of a copy of this judgment. Till such decision is taken, all coercive proceedings shall be kept in abeyance. The writ petition is disposed of as above. BECHU KURIAN THOMAS JUDGE AJ/13.10.2021
Appendix — schedule of exhibits
More judgments on Section 271D
- Sujatha Vaddanapu, Nalgonda vs ITO, Ward-1, NalgondaITA 2048/HYD/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Inder Lal Ramrakhyani, Dhamtari vs ITO, DhamtariITA 694/RPR/2026[2014-15]Status: Disposed14 Oct 2026AY 2014-15
- Assistant Commissioner of Income Tax… vs Harshit Singhania Buildcon, RaipurITA 560/RPR/2026[2022-23]Status: Disposed14 Oct 2026AY 2022-23
- Shree Jalaram Finance, Borsad vs Income Tax Officer, Ward 1(3)(4), PetladITA 1785/AHD/2026[2000-01]Status: Disposed13 Oct 2026AY 2000-01
- Veera Mani Kumari Vattikooti, Hyderabad vs ITO, Ward -11(1), HyderabadITA 1218/HYD/2026[2016-17]Status: Disposed9 Oct 2026AY 2016-17
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