M/S. THAZHAYIL NIDHI LTD. vs. INCOME TAX OFFICER (TDS)

WP(C)/37846/2022HC KeralaKLHC01081498202225 November 2022Author: HONOURABLE MR. JUSTICE GOPINATH P.4 pages

AI SummaryRemanded

What did the High Court hold?

The High Court of Kerala disposed of the writ petition by directing the National Faceless Appeal Centre (NFAC) to provide a link to the petitioner for uploading their stay petition in connection with their appeal (Ext.P2). This link is to be provided within ten days from the date of the order. Upon receiving the link, the petitioner is to file the stay petition within two weeks. The court further directed that if the stay petition is filed within the stipulated time, all recovery proceedings for the amount due under the order of assessment (Ext.P1) shall be kept in abeyance until a decision is taken on the stay petition. The court did not decide on the merits of the stay petition itself, but rather facilitated its filing.

What were the facts?

The petitioner, M/s. Thazhayil Nidhi Ltd., is challenging an order of assessment for the assessment year 2018-2019, issued under the Income Tax Act, 1961. The petitioner filed an appeal (Ext.P2) before the National Faceless Appeal Centre (NFAC). However, no stay petition was filed along with the appeal. Subsequently, the petitioner sent a stay application (Ext.P3) via registered post. The respondent department contended that the stay petition should have been filed along with the appeal, and the NFAC cannot consider the later application.

What were the issues?

1. Whether the National Faceless Appeal Centre can consider a stay petition filed after the appeal, when it was not filed along with the appeal? Assessee's Contention: The petitioner, M/s. Thazhayil Nidhi Ltd., sought a direction from the High Court to enable them to file a stay petition with the NFAC, implying that the current procedural hurdle should be overcome to allow consideration of their stay application. Revenue's Contention: The Income Tax Officer (TDS) argued that the petitioner ought to have filed the stay petition along with the appeal (Ext.P2), and the subsequent application (Ext.P3) cannot be considered by the National Faceless Appeal Centre.

Which sections of the Income-tax Act were involved?

Income Tax Act, 1961

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 25TH DAY OF NOVEMBER 2022 / 4TH AGRAHAYANA, 1944 WP(C) NO. 37846 OF 2022 PETITIONER: M/S. THAZHAYIL NIDHI LTD. 6/4, THAZHAYIL BUILDING, ELANTHOOR, PATHANAMTHITTA , REPRESENTED BY GENOY JOHN, MANAGING DIRECTOR , PIN - 689643 BY ADVS. HARISANKAR V. MENON MEERA V.MENON R.SREEJITH K.KRISHNA RESPONDENTS: 1 INCOME TAX OFFICER (TDS) ROOM NO. 308, 2ND, AAYAKAR BHAVAN, INCOME TAX OFFICE, BEACH ROAD, ALAPPUZHA , PIN - 688001 2 NATIONAL FACELESS APPEAL CENTRE NATIONAL FACELESS APPEAL CENTRE, DELHI , REPRESENTED BY THE COMMISSIONER OF INCOME TAX (APPEALS)., PIN - 110001 ADV. CHRISTOPHER ABRAHAM (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

..2.. JUDGMENT Dated this the 25th day of November, 2022 The petitioner suffered Ext.P1 order of assessment for the assessment year 2018-2019 under the provisions of the Income Tax Act, 1961. The petitioner has filed Ext.P2 appeal before the National Faceless Appeal Centre. However, while filing the appeal, the petitioner did not file any stay petition. He has, thereafter, sent Ext.P3 application for stay by registered post. The learned counsel for the respondent department points out that the petitioner ought to have filed the stay petition along with Ext.P2 appeal and Ext.P3 cannot be considered by the National Faceless Appeal Centre.

Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent department, this writ petition is disposed of directing the National Faceless Appeal Centre to provide a link to the petitioner for uploading the stay petition in ..3.. Ext.P2 appeal. Such link shall be provided within ten days from today. On receipt of the link, the petitioner shall file a stay petition within a period of two weeks from the date of receipt of the link. If such stay petition is filed in Ext.P2 appeal, within the time specified above, further proceedings for recovery of amount due under Ext.P1 order of assessment shall be kept in abeyance, till a decision is taken on the stay petition to be filed by the petitioner. This writ petition is disposed of as above. GOPINATH P. JUDGE RMV ..4..

Appendix — schedule of exhibits

APPENDIX OF WP(C) 37846/2022 PETITIONER EXHIBITS Exhibit P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2018-19 DTD. 31-08-2022 Exhibit P2 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 30-09-2022 Exhibit P3 COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 18-11-2022 Exhibit P4 COPY OF ORDER ISSUED BY THE 1ST RESPONDENT DTD. 16- 11-2022 RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE

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