SHAM BASHEER vs. INCOME TAX OFFICER
What did the High Court hold?
The High Court, without expressing any opinion on the merits of the case, disposed of the writ petition by issuing directions to the second respondent (Commissioner of Income Tax (Appeals)). The direction was to decide the application for condonation of delay and the stay application within a period of one month from the receipt of the certified copy of the judgment. Pending the adjudication of these applications, any demand notice, including the one at Ext.P4 or any future demand, was ordered to be kept in abeyance. The interim stay was explicitly stated to be operative only until the disposal of the stay and condonation delay applications. The operative direction was to decide the applications expeditiously.
What were the facts?
The petitioner, Sham Basheer, proprietor of M/s. AFC Fruits, filed a writ petition before the High Court of Kerala challenging an assessment order dated December 31, 2019, for the assessment year 2017. The petitioner had preferred an appeal before the Commissioner of Income Tax (Appeals) along with a stay application and a delay condonation application. The petitioner contended that a demand notice under Section 156 of the Income Tax Act was issued along with the assessment order during the pendency of the appeal, creating a predicament. The petitioner sought directions for the appellate authority to consider the stay and delay condonation applications.
What were the issues?
1. Whether the High Court should issue directions to the Commissioner of Income Tax (Appeals) to consider the petitioner's application for condonation of delay and stay application, given the issuance of a demand notice during the pendency of the appeal? (Question of procedure and interim relief) Assessee's Contention: The petitioner argued that the issuance of a demand notice under Section 156 of the Income Tax Act, along with the assessment order, while an appeal was pending, created a difficult situation. The petitioner sought directions for the appellate authority to address the interim prayer for stay. Revenue's Contention: The judgment does not record any specific contentions from the revenue.
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 The petitioner has approached this Court against the assessment order dated 31.12.2019 for the assessment year 2017 preferred an appeal Ext.P2, stay application Ext.P3 and delay condonation application Ext.P3(a). The learned counsel for the petitioner submits that during the pendency of the appeal the demand notice under Section 156 of the Income Tax Act along with the assessment order had already issued and therefore, the predicament of the petitioner is writ large.
I am of the view that the petitioner’s grievance for the time being can be only addressed by issuing directions to the 2nd respondent to consider the application for stay and condonation of delay for consideration of the interim prayer sought in terms of the memorandum of appeal (Ext.P2) was staying the demand, so that the fate can be decided. Without expressing any opinion on the merits of the matter, I dispose of the writ petition with a direction to the respondent to decide the application for condonation of delay and stay (Exts.P3 and P3(a)) within a period of one month
WP(C).No.7264 OF 2020(G) 3 from the receipt of the certified copy of this judgment. Till then the demand Ext.P4 or any future demand he prays during the interregnum is ordered to be kept in abeyance. It is made clear that the interim stay is only till the adjudication of stay and condonation delay application. This writ petition will stand disposed of. AMIT RAWAL nak JUDGE
WP(C).No.7264 OF 2020(G) 4
Appendix — schedule of exhibits
More judgments on Section 156
- Jay Patel, Raipur vs ITO, Ward-3(1), RaipurITA 684/RPR/2026[2015-16]Status: Heard12 Oct 2026AY 2015-16
- Sagarmal Mall, Kolkata vs D.C.I.T., Circle - 32, KolkataITA 195/KOL/2026[2013-2014]Status: Disposed7 Oct 2026AY 2013-2014
- Bhavesh Rameshbhai Patel, Naroda vs Asst. Unit. Income Tax Dept. (Present Juri…ITA 321/AHD/2026[2019-20]Status: Disposed30 Sept 2026AY 2019-20
- Prabha Commercial Pvt. Ltd., Kolkata vs I.T.O., Ward - 5(1), KolkataITA 2543/KOL/2026[2013-2014]Status: Disposed29 Sept 2026AY 2013-2014
- Maheshwari Brothers, Mumbai vs ITO - 19(2)(2), MumbaiITA 4115/MUM/2026[2008-09]Status: Disposed29 Sept 2026AY 2008-09
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