D.C. MILLS PVT .LTD vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE
What did the High Court hold?
The High Court directed the 3rd respondent, the Commissioner of Income Tax Appeals, or the appropriate authority, to consider the stay petition (Ext.P15) filed by the petitioner within a period of one month from the date of receipt of a copy of the judgment. This consideration is to be done with notice to the petitioner. Furthermore, until orders are passed on the stay petition, there will be an interim stay of all further proceedings pursuant to the penalty order (Ext.P12) and another order (Ext.P14). The High Court did not decide the merits of the penalty order or the appeal.
What were the facts?
The petitioner, M/s. D.C. Mills Pvt. Ltd., has filed a writ petition before the High Court of Kerala challenging an order of penalty under Section 270A of the Income Tax Act, 1961, passed by the Assistant Commissioner of Income Tax, National Faceless Assessment Center (2nd respondent). The petitioner has filed an appeal against this penalty order before the Commissioner of Income Tax Appeals (3rd respondent) and has also filed a stay petition. The present writ petition seeks a direction for the expeditious consideration of the stay petition pending the disposal of the appeal.
What were the issues?
1. Whether the 3rd respondent (Commissioner of Income Tax Appeals) should consider the stay petition (Ext.P15) filed by the petitioner pending disposal of the appeal (Ext.P13)? The petitioner's contention is that the stay petition needs to be considered expeditiously. The revenue's contention is not recorded in the judgment.
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 Challenging Ext.P12 order of penalty under Section 270A of the Income Tax Act, 1961 passed by the 2nd respondent, the petitioner has preferred Ext.P13 appeal and Ext.P15 stay petition before the 3rd respondent. The limited prayer of the petitioner is for consideration of Ext.P15 stay petition pending disposal of Ext.P13 appeal preferred before the 3rd respondent.
Heard the learned counsel for the petitioner and the learned Standing Counsel for the Income Tax Department.
In the facts and circumstances of the case, there will be a direction to the 3rd respondent or the appropriate Authority to consider Ext.P15 stay petition with notice to the petitioner, within a period of one month from the date of receipt of a copy of the judgment. Till such orders are passed on Ext.P15 stay petition, there will be an interim
WP(C).No.22855 OF 2021 3 stay of all further proceedings pursuant to Exts.P12 and P14. The writ petition is disposed of with the above direction. MURALI PURUSHOTHAMAN JUDGE SPR
WP(C).No.22855 OF 2021 4
Appendix — schedule of exhibits
More judgments on Section 270A
- Kamleshkumar Somalal Bhatt, Himatnagar vs Income Tax Ofifcer, Ward 1, HimatnagarITA 2130/AHD/2026[2019-20]Status: Disposed21 Oct 2026AY 2019-20
- Haresh Sharma, Ahmedabad vs ITO, Ward 5(3)(1), AhmedabadITA 2125/AHD/2026[2019-2020]Status: Disposed21 Oct 2026AY 2019-2020
- Kkg Associates, Visakhapatnam vs Income Tax Officer, Ward - 2(1)…ITA 345/VIZ/2026[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Shamsunder Pritesh Malode, Hyderabad vs ACIT, Circle-12(1), HyderabadITA 399/HYD/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Rama Naidu Gutha, Anantapur vs ITO, Ward -1, AnantapurITA 1895/HYD/2026[2023-24]Status: Disposed16 Oct 2026AY 2023-24
Recent GST High Court judgments
Search GST case law →- Gr Infra Projects Limited Ratlam Through Its Authorized Signatory Mr. Pankaj Das vs. The State Of Madhya PradeshMadhya Pradesh · 14 Oct 2026
- J M Mhatre Infra PVT. LTD Thr. Authorized Chetan J. Mhatre vs. Union Of INDIA Thr. Secretary Dept. Of Revenue Ministry Of Finance And OrsBombay · 14 Oct 2026
- M/S Hindustan Coca-Cola Beverages PVT. LTD. vs. The Commissioner, CGST And Cx, Dibrugarh And AnrGauhati · 14 Oct 2026
- M/S Shree Sushruta Health Services Private Limited vs. The Union Of INDIAPatna · 14 Oct 2026
- M/S Rst Batteries vs. Deputy Commissioner CGST Delhi West & Ors.Delhi · 14 Oct 2026