KERALA STATE WELFARE CORPORATION FOR FORWARD COMMUNITIES LTD. 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, found it appropriate to dispose of the petition with a specific direction. The Court directed the 2nd respondent, the Commissioner of Income Tax (Appeals), to consider and pass orders on the stay petition (Ext.P3) within a period of two months from the date of receipt of a copy of the judgment. Furthermore, the Court ordered that all coercive proceedings against the petitioner, pursuant to the assessment order (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 assessment order or the appeal itself, focusing solely on the procedural aspect of the stay petition.
What were the facts?
The petitioner, Kerala State Welfare Corporation for Forward Communities Ltd., is aggrieved by an order of assessment for the assessment year 2017-18, marked as Ext.P1. The petitioner has filed an appeal before the Commissioner of Income Tax (Appeals), the 2nd respondent, as Ext.P2, and a petition for stay of proceedings as Ext.P3. The petitioner apprehends coercive proceedings before their stay petition is considered. Consequently, they have filed this writ petition seeking intervention. The assessment order was passed by the Additional Joint/Deputy/Assistant Commissioner of Income Tax, Income Tax Officer, National Faceless Assessment Centre, New Delhi, the 1st respondent.
What were the issues?
1. Whether the petitioner is entitled to a stay of coercive proceedings pending the disposal of their appeal before the Commissioner of Income Tax (Appeals)? Assessee's contention: The petitioner apprehends coercive proceedings before their stay petition (Ext.P3) is considered by the 2nd respondent. They seek a direction to prevent such actions. Revenue's contention: The judgment does not record any specific contentions from the revenue regarding the stay petition or the writ petition. The revenue was represented by counsel, but their arguments on the merits of the stay or the writ are not detailed.
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 2017-18, the petitioner has preferred an appeal before the 2nd respondent- the Commissioner of Income Tax (Appeals), a copy of which is produced as Ext.P2. A petition for stay of proceedings pursuant to the assessment order has also been filed as Ext.P3. Petitioner apprehends coercive proceedings 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 2nd respondent-the Commissioner of Income Tax (Appeals) to consider and pass orders on Ext.P3 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.P1 shall be kept in abeyance. The writ petition is disposed of as above. GOPINATH P. JUDGE acd
W.P.(C)No.15357/2022 3
Appendix — schedule of exhibits
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