THE ALANALLUR SERVICE CO-OPERATIVE ANK LTD., vs. THE INCOME TAX OFFICER,
What did the High Court hold?
The High Court held that the writ petition would not lie, as the petitioner's remedy was to press the pending stay application before the ITAT. However, considering that no steps for demand or attachment proceedings under Section 281 of the Income Tax Act had been initiated, the Court disposed of the writ petition with a direction to the ITAT (3rd respondent) to consider and pass appropriate orders on the stay application in accordance with law, as expeditiously as possible, within a period of 15 days from the date of receipt of a certified copy of the judgment. The ratio is that while a writ petition may not be the primary remedy when a statutory forum is seized of a stay application, the Court can direct the statutory forum to expedite its decision, especially in the absence of immediate coercive steps.
What were the facts?
The petitioner, The Alanallur Service Co-operative Bank Ltd., challenged assessment order (Ext.P1) and appellate order (Ext.P2) by filing a second appeal before the Income Tax Appellate Tribunal (ITAT) (3rd respondent). Along with the appeal, an interim application (Ext.P4) dated 03.02.2020 was filed seeking to keep coercive measures against the petitioner in abeyance. The Revenue contended that a writ petition was not maintainable as the petitioner's remedy was to press the pending stay application before the ITAT. The High Court noted that the pleadings did not mention any steps for taking possession. Considering that no demand or attachment proceedings under Section 281 of the Income Tax Act had been initiated, the High Court disposed of the writ petition.
What were the issues?
1. Whether the writ petition is maintainable when a statutory remedy of pressing a stay application before the ITAT is available to the petitioner? (Question of law, turning on the principles of alternative remedies). Assessee's Contention: The petitioner filed a writ petition seeking a direction to the ITAT to consider their stay application, implying that the pendency of the stay application itself warranted judicial intervention to prevent potential coercive measures. Revenue's Contention: The writ petition is not maintainable because the petitioner has an alternative and efficacious remedy of pursuing their pending stay application before the ITAT. The High Court should not interfere when the statutory forum is seized of the matter and has the power to grant the relief sought.
Which sections of the Income-tax Act were involved?
Section 281
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT The grievance of the petitioner in the instant case is that against the order of assessment, Ext.P1 and appellate order Ext.P2, preferred a second appeal, Ext.P3 before the 3rd respondent ie., the Income Tax Appellate Tribunal (ITAT) along with the interim application, Ext.P4 dated 03.02.2020, till such time, the contemplated coercive measures against the petitioner may be kept in abeyance.
Counsel for the Revenue submits that the writ petition would not lie as the remedy for the petitioner is to press the pending stay application before the ITAT. Having heard the learned counsel for the parties and apprised the paper book, I am of the view that the pleadings are bereft of any steps for taking of possession by making mention or otherwise before the ITAT. Be that as it may, considering the fact that no steps of demand or attachment proceedings under Section 281 of the Income Tax Act have been initiated, I dispose of the writ petition with a direction to 3rd respondent to consider and pass appropriate orders on WP(C).No.5480 OF 2020(H) 3 the application of stay in accordance with law, as expeditiously as possible within a period of 15 days from the date of receipt of a certified copy of this judgment. AMIT RAWAL nak JUDGE
WP(C).No.5480 OF 2020(H) 4
Appendix — schedule of exhibits
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