THE VENGERI SERVICE CO-OPERATIVE BANK LIMITED,NO.2714 vs. INCOME TAX OFFICER
What did the High Court hold?
The High Court of Kerala, taking a cue from a previous judgment, directed the Joint Commissioner of Income Tax (Appeals) to consider and pass reasoned orders on the petitioner's appeals (Exts.P3 and P4) within six months from the receipt of the judgment. Recovery steps for the amounts confirmed by the penalty orders (Exts.P1 and P2) were ordered to be kept in abeyance until the Appellate Authority passed its order and communicated it to the petitioner. Consequently, the impugned order (Ext.P7) directing the payment of 20% of the disputed amount was set aside. The petitioner was directed to furnish copies of the writ petition and the judgment to the Appellate Authority for further action. The principle established is that recovery can be stayed pending appeal, especially when the appellate authority is directed to expedite the disposal of the appeal.
What were the facts?
The petitioner, The Vengeri Service Co-Operative Bank Limited, filed appeals (Exts.P3 and P4) along with stay petitions (Exts.P5 and P6) before the Joint Commissioner of Income Tax (Appeals) against penalty orders (Exts.P1 and P2) passed under the Income Tax Act. While the stay petitions were pending, the petitioner received an order (Ext.P7) under Section 220(6) of the Income Tax Act, directing them to pay 20% of the disputed amount pending the appeal's disposal. The petitioner sought relief from this order, referencing a previous High Court judgment where similar recovery proceedings were kept in abeyance until the appellate authority decided the appeal.
What were the issues?
1. Whether the recovery of 20% of the disputed amount, as directed by the order under Section 220(6) of the Income Tax Act, is justified pending the disposal of appeals before the Appellate Authority? (Question of law and fact, concerning Section 220(6) of the Income Tax Act). Assessee's Contention: The petitioner argued that recovery proceedings should be kept in abeyance until the appeal is decided, citing a High Court judgment with similar circumstances where such a direction was given. They sought to set aside the impugned order directing payment of 20% of the disputed amount. Revenue's Contention: The judgment does not record any specific contentions from the revenue regarding the issue of recovery pending appeal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
J U D G M E N T Against Exts.P1 and P2 penalty orders under the Income Tax Act, the petitioner has preferred Exts.P3 and P4 appeals together with Exts.P5 and P6 stay petitions before the 3rd respondent. It is stated that while the stay petitions are pending consideration before the 3rd respondent/Appellate Authority, by Ext.P7 order issued under Section 220(6) of the Income Tax Act, the petitioner has been directed to pay 20% of the disputed amount pending disposal of the appeals. The learned counsel for the petitioner refers to Ext.P8 judgment of this Court, where, under similar circumstances, this Court had directed the Appellate Authority to consider and pass orders in the appeal and kept the recovery proceedings in abeyance till such time as the Appellate Authority decided the appeal. Taking cue from the said judgment, I dispose the writ petition by directing the 3rd respondent/Appellate Authority to consider and pass reasoned orders on Exts.P3 and P4 appeals within an outer time limit of six months from the date of W.P.(C).No.34728/2019 receipt of a copy of this judgment, after hearing the petitioner. Recovery steps for recovery of amounts confirmed against the petitioner by Exts.P1 and P2 penalty orders shall be kept in abeyance till such time as orders are passed by the 3rd respondent, as directed, and the order communicated to the petitioner. In the light of the directions above, Ext.P7 order impugned in the writ petition is set aside. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 3rd respondent, for further action. A.K.JAYASANKARAN NAMBIAR JUDGE prp/18/12/19
W.P.(C).No.34728/2019
Appendix — schedule of exhibits
More judgments on Section 220(6)
- Ramji Vaish, Allahabad vs ACIT, AllahabadITA 371/ALLD/2018[2011-12]Status: Disposed9 Jun 2026AY 2011-12
- Vijay Stone Product, Sonebhadra vs Asstt. Commissioner of Income Tax, Central…ITA 4/ALLD/2019[2011-12]Status: Disposed10 Mar 2026AY 2011-12
- Susi Charitable Trust, Khurda vs The Commissioner of Income Tax(Exemption)…ITA 582/CTK/2025[2026-27]Status: Disposed4 Dec 2025AY 2026-27
- Jayant Security and Finance Ltd, Indore vs ACIT Central-2, BhopalITA 91/IND/2025[2017-18]Status: Disposed7 Jul 2025AY 2017-18
- Jayant Security and Finance Ltd, Indore vs ACIT Central-2, BhopalITA 90/IND/2025[2016-17]Status: Disposed7 Jul 2025AY 2016-17
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