YEROOR SERVICE CO-OPERATIVE BANK LTD.NO.1816 vs. THE CENTRAL BOARD OF DIRECT TAXES
What did the High Court hold?
The High Court of Kerala directed the 3rd respondent, the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, to consider the stay petition filed by the petitioner (Ext.P4) expeditiously, at any rate, within a period of three 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 penalty order (Ext.P1), shall be kept in abeyance until the stay petition is considered. The writ petition was disposed of with these directions. The substantive appeal itself was not decided on merits.
What were the facts?
The petitioner, Yeroor Service Co-operative Bank Ltd. No. 1816, is a Primary Agricultural Credit Society. The petitioner received an order of penalty under Section 271B of the Income Tax Act, 1961, dated February 11, 2022. The petitioner has already filed an appeal against this penalty order, which is pending before the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi. This writ petition was filed seeking a direction for the timely disposal of the pending appeal.
What were the issues?
1. Whether the Appellate Authority should be directed to consider the appeal filed by the petitioner against the penalty order under Section 271B of the Income Tax Act, 1961, in a time-bound manner? (Question of procedure) Assessee's Contention: The petitioner argued that an appeal against the penalty order has already been filed and is pending, and therefore, the Appellate Authority should be directed to expedite its consideration. The petitioner also sought a stay on coercive proceedings until the appeal is decided. Revenue's Contention: The judgment does not record any specific contentions from the revenue regarding the delay in appeal or the stay petition.
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 Petitioner is a Primary Agricultural Credit Society registered under the Kerala Co-operative Societies Act, 1969. Ext.P1 order of penalty was issued under Section 271 B of the Income Tax Act, 1961, against the petitioner on 11.02.2022. 2. Since the petitioner has already preferred an appeal as Ext.P2 and the same is pending consideration before the 3rd respondent, I deem it fit that this writ petition be disposed of directing the Appellate Authority to consider the appeal in a time bound manner.
Accordingly, there will be a direction to the 3rd respondent to consider Ext.P4 stay petition as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment.
WP(C) NO. 16583 OF 2022 3
Till then, all coercive proceedings against the petitioner, pursuant to Ext.P1 order of penalty shall be kept in abeyance. The writ petition is disposed of as above. BECHU KURIAN THOMAS JUDGE ssa/
WP(C) NO. 16583 OF 2022 4
Appendix — schedule of exhibits
More judgments on Section 271B
- Devayatbhai Kalotara, Rajkot vs The Income Tax Officer, Ward-2, RajkotITA 679/RJT/2026[2020-21]Status: Disposed9 Oct 2026AY 2020-21
- Waghire College Saswad, Pune vs ITO, Ward 14(5), PuneITA 2867/PUN/2026[2019-20]Status: Disposed9 Oct 2026AY 2019-20
- Waghire College Saswad, Pune vs ITO, Ward 14(5), PuneITA 2866/PUN/2026[2019-20]Status: Disposed9 Oct 2026AY 2019-20
- Waghire College Saswad, Pune vs ITO, Ward 14(5), PuneITA 2865/PUN/2026[2019-20]Status: Disposed9 Oct 2026AY 2019-20
- Waghire College Saswad, Pune vs ITO, Ward 14(5), PuneITA 2864/PUN/2026[2018-19]Status: Disposed9 Oct 2026AY 2018-19
Recent GST High Court judgments
Search GST case law →- Saraswati Phukan vs. The Union Of INDIA And 4 OrsGauhati · 14 Oct 2026
- Sanjay Maheshwari vs. Union Of INDIA & Ors.Delhi · 14 Oct 2026
- Sanjay Maheshwari vs. Union Of INDIA & Ors.Delhi · 14 Oct 2026
- Iyyanan Eswaran vs. The Appellate Deputy Commissioner (St) (GST)Madras · 14 Oct 2026
- M/S Dc Security Services vs. Commissioner Of Central Goods And Services TaxUttarakhand · 14 Oct 2026