PATTOM SERVICE CO-OPERATIVE BANK LTD. NO. T-1318, vs. THE CENTRAL BOARD OF DIRECT TAXES,
What did the High Court hold?
The High Court directed the 4th respondent, the Additional Commissioner of Income Tax, National E-Assessment Centre, Delhi, to consider and pass appropriate orders on the stay petitions (Ext.P3 series) within a period of three months from the date of receipt of a copy of the judgment. Pending this decision, all coercive proceedings pursuant to the assessment orders (Ext.P1 series) were to be kept in abeyance. The Court did not decide on the merits of the penalty imposition or the appeals themselves, but rather focused on the procedural aspect of considering the stay applications. The ratio decidendi is that where appeals and stay petitions are pending, and there's a procedural shift in the competent authority due to e-governance initiatives, the new competent authority should be directed to consider the stay petitions expeditiously, with a stay on coercive action until then.
What were the facts?
The petitioner, Pattam Service Co-operative Bank Ltd., filed a writ petition before the High Court of Kerala challenging the imposition of penalty under Section 271B for five assessment years: 2012-13, 2013-14, 2014-15, 2015-16, and 2016-17. The petitioner had preferred appeals before the 3rd respondent (Commissioner of Income Tax (Appeals)) along with stay petitions. The respondents' counsel pointed out that due to the formation of the e-assessment centre, the appeals would need to be transmitted and considered by the 4th respondent (Additional Commissioner of Income Tax, National E-Assessment Centre, Delhi). The High Court was asked to direct the competent appellate authority to consider the stay petitions.
What were the issues?
1. Whether the High Court should direct the competent appellate authority to consider and pass orders on the stay petitions filed by the petitioner? Assessee's Contention: The petitioner has filed appeals and stay petitions before the appellate authorities and seeks a direction for their expeditious consideration. The petitioner relies on the general principle of seeking relief from the appellate forums. Revenue's Contention: The revenue, through its Standing Counsel, submitted that the appeals, after the formation of the e-assessment centre, would need to be transmitted and considered by the 4th respondent, who is the competent authority. This implies a procedural aspect regarding the correct forum for consideration.
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 has preferred appeals before the 3rd respondent against the imposition of penalty under Section 271B for five assessment years. The assessment years involved are 2012-13, 2013-14, 2014-15, 2015-16 and 2016-17. Stay petitions have also been preferred along with the said appeals, copies of which are produced as Ext.P3 series.
Having regard to the submissions made at the Bar, I am of the view that this writ petition itself can be disposed of directing the competent Appellate Authority to consider and pass appropriate orders on the stay petitions filed in the pending appeal.
It is pointed out by the learned Standing Counsel for the respondents that, after the formation of the e-assessment
WP(C) NO. 1002 OF 2022 3 centre, the appeals will have to be transmitted and considered by the 4th respondent who is the competent amongst the respondents.
In view of the above, there will be a direction to 4th respondent to consider and pass appropriate orders on Ext.P3 series [Ext.P3 and Ext.P3(a) to Ext.P3(d)] stay petitions, within a period of three months from the date of receipt of a copy of this judgment. Till then all coercive proceedings pursuant to Ext.P1 series of assessment orders shall be kept in abeyance. BECHU KURIAN THOMAS JUDGE AJM
WP(C) NO. 1002 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
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