SREEVALSAM EDUCATIONAL TRUST vs. INCOME TAX OFFICER (EXEMPTION)
What did the High Court hold?
The High Court directed the appellate authority (3rd respondent) to consider and pass appropriate orders on the stay petition (Ext.P9(a)) and the delay condonation petition (Ext.P9(b)) within an outer limit of three months from the date of receipt of a copy of the judgment. The Court clarified that the appellate authority is free to consider the appeal itself if circumstances warrant. An opportunity of being heard must be granted to the petitioner before passing any orders. To enable the consideration of the stay petition, all coercive proceedings against the petitioner shall be kept in abeyance for a period of three months. The writ petition is disposed of accordingly.
What were the facts?
The petitioner, Sreevalsam Educational Trust, is aggrieved by an order of assessment for the assessment year 2018-19. The petitioner has filed an appeal before the 3rd respondent, the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, New Delhi. Along with the appeal, the petitioner has also filed a petition for stay of proceedings and a petition for condonation of delay. The present writ petition has been filed before the High Court of Kerala seeking directions for the disposal of these pending applications.
What were the issues?
1. Whether the appellate authority should be directed to consider and pass appropriate orders on the stay petition (Ext.P9(a)) and the delay condonation petition (Ext.P9(b)) filed by the petitioner? (Question of procedure). Assessee's Contention: The petitioner has invoked the appellate remedy and filed necessary applications for stay and condonation of delay, and seeks a time-bound disposal of these applications. Revenue's Contention: No specific contention is recorded for the revenue in the judgment.
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 2018-19, petitioner has preferred an appeal before the 3d respondent, a copy of which is produced as Ext.P9. A petition for stay of proceedings pursuant to the assessment order has also been filed as Ext.P9 (a) and petition for condonation of delay as Ext.P9 (b). Since the petitioner has already invoked the appeal remedy, I deem it appropriate to direct the appellate authority to consider and pass appropriate orders on Ext.P9 (a) stay petition as well as Ext.P9 (b) delay condonation petition in a time bound manner.
Having regard to the circumstances mentioned above, the appellate authority shall consider and pass appropriate orders on Ext.P9 (a) stay petition as well as Ext.P9 (b) delay condonation petition within an outer limit of WP(C) NO. 26703 OF 2021 3 three months from the date of receipt of a coy of this judgment. It is also clarified that the appellate authority is free to consider, the appeal itself, if circumstances warranted. Needless to say, an opportunity of being heard as contemplated under the statutory provisions, shall necessarily be granted to the petitioner. The orders directed as above shall be passed only after such opportunity is granted. To enable the consideration of the stay petition, all coercive proceedings against the petitioner shall be kept in abeyance for a period of three months. The writ petition is disposed of accordingly. BECHU KURIAN THOMAS JUDGE jm/
WP(C) NO. 26703 OF 2021 4
Appendix — schedule of exhibits
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