C. SHAJI vs. 1. 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), to consider and pass orders on the petitioner's stay petition (Ext.P4) within one month from the date of receipt of a copy of the judgment. Furthermore, the Court ordered that all coercive proceedings pursuant to the assessment order (Ext.P1) against the petitioner shall be kept in abeyance until a decision is taken on the stay petition. The writ petition was disposed of with these directions. No specific issue regarding the merits of the assessment order or the appeal was decided.
What were the facts?
The petitioner, C. Shaji, is aggrieved by an assessment order dated January 25, 2022, for the assessment year 2013-14. He has filed an appeal before the Commissioner of Income Tax (Appeals), the 3rd respondent, and a petition for stay of proceedings pursuant to the assessment order. The petitioner apprehends coercive recovery actions before his stay petition is considered. Consequently, he has filed this writ petition seeking a direction for the expeditious disposal of his stay petition and a stay on coercive proceedings.
What were the issues?
1. Whether the petitioner is entitled to a direction for the expeditious consideration of his stay petition filed before the Commissioner of Income Tax (Appeals)? Assessee's Contention: The petitioner contends that he has filed an appeal and a stay petition against the assessment order and fears coercive recovery proceedings before the stay petition is adjudicated. He seeks a direction for the timely consideration of his stay petition. Revenue's Contention: The judgment does not record any specific contentions from the revenue regarding the stay petition or the writ petition. The court proceeded to pass an order based on the submissions of the petitioner and the respondents.
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 2013-14, petitioner has preferred an appeal before the 3rd respondent, 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.P4. 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 3rd respondent to consider and pass orders on Ext.P4 stay petition, within a period of one month from the date of receipt of a copy of this judgment. Till such a decision is taken, all coercive proceedings pursuant to Ext.P1 assessment order
WP(C) NO. 1588 OF 2022 4 against the petitioner shall be kept in abeyance. The writ petition is disposed of as above. BECHU KURIAN THOMAS JUDGE DM
WP(C) NO. 1588 OF 2022 5
Appendix — schedule of exhibits
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