ASHICK EBRAHIM vs. THE CENTRAL BOARD OF DIRECT TAXES
What did the High Court hold?
The High Court directed the 4th respondent (Commissioner of Income Tax (Appeals)) to consider and pass orders on the stay petition (Ext.P4) 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 initiated 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 order or the appeal itself, as the primary concern was the procedural aspect of the stay application.
What were the facts?
The petitioner, Ashick Ebrahim, is aggrieved by an order of assessment for the assessment year 2014-15. He has filed an appeal before the Commissioner of Income Tax (Appeals), the 4th respondent, and a petition for stay of proceedings pursuant to the assessment order. The petitioner apprehends coercive proceedings before his stay petition is considered. Consequently, he has filed this writ petition seeking intervention from the High Court. The respondents include the Central Board of Direct Taxes, the Income Tax Officer, and the Additional Commissioner of Income Tax.
What were the issues?
1. Whether the petitioner is entitled to a direction for the expeditious disposal of his stay petition before the appellate authority, and a stay on coercive proceedings pending the decision on the stay petition? Assessee's Contention: The petitioner contends that he faces the threat of coercive recovery proceedings before his application for stay of the assessment order is considered by the appellate authority. Therefore, he seeks judicial intervention to direct the appellate authority to decide the stay petition promptly and to keep coercive actions in abeyance until then. Revenue's Contention: The judgment does not record any specific contentions made by the respondents. The court proceeded to pass an order based on the submissions of the learned counsel for 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 2014-15, petitioner has preferred an appeal before the 4th 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 learned 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 4th respondent to consider and pass orders on Ext.P4 stay petition, within a period of three months from the date of receipt of a copy of this judgment. Till such decision is taken, all coercive proceedings initiated against the petitioner shall be kept in abeyance. The writ petition is disposed of as above. BECHU KURIAN THOMAS JUDGE AJ/03.10.2021
Appendix — schedule of exhibits
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