PATTAMBI STORES, vs. THE ASSISTANT COMMISSIONER OF INCOME TAX,
What did the High Court hold?
The High Court, after hearing both sides, ordered that the Commissioner of Income Tax (Appeals) (the 2nd respondent) shall take up the stay application (Ext.P3) filed in the appeal (Ext.P2). The appellate authority was directed to pass orders on the stay application without much delay, preferably within two months from the date of production of a certified copy of the judgment. Crucially, until orders were passed on the stay application, further coercive steps for the enforcement of the impugned order were to be kept in abeyance. The High Court did not decide the merits of the appeal or the stay application itself but directed the appellate authority to expedite the process.
What were the facts?
The petitioner, Pattambi Stores, represented by its Managing Partner, filed a Writ Petition (Civil) before the High Court of Kerala. The petitioner's grievance was that despite filing an appeal (Ext.P2) and a stay petition (Ext.P3) against an order (Ext.P1), the assessing authority initiated coercive recovery proceedings for the disputed amounts. The petitioner sought intervention from the High Court to prevent these recovery actions during the pendency of their stay application. The respondents were the Assistant Commissioner of Income Tax and the Commissioner of Income Tax (Appeals).
What were the issues?
1. Whether the High Court should intervene in the pending appeal and stay petition before the Commissioner of Income Tax (Appeals) to prevent coercive recovery proceedings. Assessee's Contention: The petitioner argued that coercive recovery proceedings were initiated during the pendency of their stay petition before the appellate authority, causing prejudice. They sought a direction from the High Court to halt these proceedings. Revenue's Contention: The judgment records that the learned standing counsel for the Income Tax Department appeared. No specific arguments for the revenue were recorded in the judgment.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT Against Ext.P1 order, the petitioner has filed Ext.P2 appeal and Ext.P3 stay petition. The petitioner's grievance is that during the pendency of the stay petitions, coercive recovery proceedings have been initiated by the assessing authority for recovery of the disputed amounts.
Heard Smt.Nisha John, learned counsel appearing for the petitioner and Sri.Jose Joseph, learned standing counsel for the Income Tax Department appearing for the respondents.
After hearing both sides and after taking note of the facts and circumstances of the case, it is ordered in the interest of justice that the 2 nd respondent shall take up the matters in Ext.P3 stay application filed in Ext.P2 appeal and after affording reasonable opportunity of being heard to the petitioner through their authorised representative/ counsel, if any, shall pass orders on those applications without much delay, preferably within a period of two months from the date of production of a certified copy of this judgment. Until orders are thus passed on the abovesaid stay application, further coercive steps for enforcement of the impugned order will be kept in abeyance.
WP(C).No.3080 OF 2020(H) 3 With these observations and directions, the above Writ Petition (Civil) stands finally disposed of.
ALEXANDER THOMAS, JUDGE SKS
WP(C).No.3080 OF 2020(H) 4
Appendix — schedule of exhibits
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