DR. A.C VELAYUDHAN vs. THE ASSISTANT COMMISSIONER OF INCOME TAX
What did the High Court hold?
The High Court of Kerala, acknowledging the significant delay of approximately six years in the disposal of the petitioner's appeals before the Commissioner of Income Tax (Appeals) and considering the impact of the Covid-19 pandemic on the proceedings, held that the interests of justice demand a time-bound disposal of these appeals. The Court directed the 5th respondent (Commissioner of Income Tax (Appeals)-III) to consider and dispose of the appeals (Ext.P5, Ext.P5(a), Ext.P5(b), and Ext.P5(c)) expeditiously, within a period of six months from the date of the order, after affording the petitioner an opportunity of hearing. Furthermore, all coercive recovery proceedings initiated pursuant to Ext.P8 were directed to be kept in abeyance until the appeals are disposed of. No specific issue was left undecided; the court focused on procedural relief.
What were the facts?
The petitioner, Dr. A.C. Velayudhan, is aggrieved by assessment orders for assessment years 2013-14 and 2014-15, a modified assessment order, and a penalty order under Section 271E of the Income Tax Act, 1961. He filed appeals (Ext.P5 series) before the Commissioner of Income Tax (Appeals)-III (5th respondent). While the High Court of Kerala had previously directed the disposal of stay petitions and stayed recovery proceedings on 06.10.2017, the appeals were not disposed of as the petitioner could not appear on the hearing date of 17.03.2020. Subsequently, recovery proceedings were initiated again. The petitioner filed the present writ petition challenging these recovery proceedings.
What were the issues?
1. Whether the High Court should intervene and direct the disposal of pending appeals before the Commissioner of Income Tax (Appeals) when they have been pending for an extended period, and recovery proceedings have been initiated. Assessee's contention: The assessee argued that the appeals have been pending for approximately six years, and the delay in disposal, exacerbated by the Covid-19 pandemic, necessitates intervention. The initiation of recovery proceedings while appeals are pending further justifies the writ petition. Revenue's contention: The judgment records that the learned Standing Counsel for the Income Tax Department was heard, but their specific contentions are not detailed in the provided text.
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 the orders of assessment for the years 2013-14 and 2014-15 and the order of penalty issued under Section 271E of the Income Tax Act, 1961, apart from a modified order of assessment, petitioner has preferred appeals as Ext.P5, Ext.P5(a), Ext.P5(b) and Ext.P5(c) before the 5th respondent.
In the meantime, on 06.10.2017, this Court directed the stay petitions filed in the appeals to be considered and disposed of and also stayed the recovery proceedings pursuant to the said notices. However, since the appeals itself were posted for hearing on 17.03.2020 and the petitioner could not appear on that day the appeals were not disposed. Thereafter, proceedings for recovery have been initiated as per Ext.P8. Petitioner challenges the proceedings initiated to recover the amounts due under the assessment orders and the order of penalty.
I have heard the learned counsel for the petitioner as well as the learned Standing Counsel for the Income Tax Department.
The appeals filed by the petitioner as Ext.P5 series have been pending consideration before the 5th respondent for the last almost six
WP(C) NO. 35025 OF 2022 4 years. Taking into reckoning the long lapse of period and also the fact that the Covid - 19 Pandemic had affected the consideration of the appeals for the last two years, I am of the view that interests of justice demands that the appeals filed by the petitioner itself be disposed of in a time bound manner. Accordingly, I direct the 5th respondent to consider and dispose of Ext.P5, Ext.P5(a), Ext.P5(b) and Ext.P5(c) appeals, as expeditiously as possible, at any rate, within a period of six months from today, after granting an opportunity of hearing to the petitioner. It is further directed that all coercive proceedings pursuant to Ext.P8 shall be kept in abeyance till the appeals are disposed of. The writ petition is disposed of as above. BECHU KURIAN THOMAS, JUDGE RKM
WP(C) NO. 35025 OF 2022 5
Appendix — schedule of exhibits
More judgments on Section 271E
- Shevam Jugalkishor Kothari, Akola vs ITO-Ward 2, AkolaITA 722/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
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- Pedapudi Primary Agricultural Co Operative… vs The Income Tax Officer, Ward-1, TenaliITA 525/VIZ/2026[2018-19]Status: Disposed18 Sept 2026AY 2018-19
- Pedapudi Primary Agricultural Co Operative… vs The Income Tax Officer, Ward-1, TenaliITA 524/VIZ/2026[2018-19]Status: Disposed18 Sept 2026AY 2018-19
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