FOSCHIA RESORTS PVT. LTD. vs. THE ADDITIONAL/JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX
What did the High Court hold?
The High Court directed the second respondent, the Commissioner of Income Tax (Appeals), to consider and pass appropriate orders on the petitioner's stay petition (Ext.P3) within a period of three months from the date of receipt of a copy of the judgment. An opportunity of hearing was to be afforded to the petitioner. Crucially, the Court ordered that all coercive proceedings 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 finding was made on the merits of the assessment or the appeal itself, as the focus was on the procedural aspect of the stay petition.
What were the facts?
The petitioner, Foschia Resorts Pvt. Ltd., is aggrieved by an assessment order for the assessment year 2018-19. The petitioner has filed an appeal before the second respondent, the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, New Delhi, and a petition for stay of proceedings. The petitioner apprehends coercive proceedings before the stay petition is considered. This writ petition has been filed seeking a direction to the respondents. The assessment order is marked as Ext.P1, the appeal as Ext.P2, and the stay petition as Ext.P3.
What were the issues?
1. Whether the petitioner is entitled to a direction for the consideration of their stay petition before coercive proceedings are initiated. (Question of law and fact) The petitioner's contention is that they have filed an appeal and a stay petition and apprehend coercive action before the stay petition is decided. They seek a direction for the expeditious disposal of the stay petition and a stay on coercive proceedings until then. The revenue's contention is not recorded 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 2nd 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.P3. 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 2nd respondent to consider and pass appropriate orders on Ext.P3 stay petition, within a period of three months from the date of receipt of a coy of this judgment, after affording an opportunity of WP(C) NO. 26731 OF 2021 3 hearing to the petitioner. Till such a decision is taken, all coercive proceedings against the petitioner shall be kept in abeyance. The writ petition is disposed of accordingly. BECHU KURIAN THOMAS JUDGE jm/
WP(C) NO. 26731 OF 2021 4
Appendix — schedule of exhibits
Recent GST High Court judgments
Search GST case law →- Dillip Kumar Behera vs. The Assistant Commissioner Of State Tax, Mayurbhanj CircleOrissa · 15 Oct 2026
- Tvl.Dev Construction vs. The Proper OfficerMadras · 15 Oct 2026
- Abbal Dass Arya vs. Commissioner State Goods And Services Tax CommissionerUttarakhand · 15 Oct 2026
- M/S Darbesh Medical Enterprise vs. State Of West Bengal And Ors.Calcutta · 15 Oct 2026
- Arun Aloysius Barnes vs. Assistant Commissioner Of Commercial TaxesKarnataka · 14 Oct 2026