PALODE SERVICE CO OPERATIVE BANK LTD. NO. 792 vs. THE CENTRAL BOARD OF DIRECT TAXES
What did the High Court hold?
The High Court directed the 3rd respondent (Commissioner of Income Tax (Appeals)) to consider and pass orders on the stay application (Ext.P4) filed in appeal (Ext.P2) without undue delay, preferably within two months from the date of production of a certified copy of the judgment. Until such orders are passed on the stay application, further coercive steps pursuant to the demand notice (Ext.P3) for enforcement of the impugned order (Ext.P1) were ordered to be kept in abeyance. The Court did not decide the merits of the impugned order or the stay application itself, but ensured that the petitioner's right to have the stay application considered was protected.
What were the facts?
The petitioner, Palode Service Co-operative Bank Ltd., is challenging an order (Ext.P1) passed by an authority. The petitioner filed an appeal (Ext.P2) and a stay petition (Ext.P4) against this order. While the stay petition was pending, the assessing authority issued a demand notice (Ext.P3) for recovery of disputed amounts related to the impugned order. The petitioner filed this writ petition seeking relief against the issuance of the demand notice during the pendency of their stay application.
What were the issues?
1. Whether the issuance of a demand notice for recovery of disputed amounts is permissible while a stay petition is pending before the appellate authority? (Question of law and fact) The petitioner argued that the demand notice (Ext.P3) was issued prematurely and in contravention of the principles of natural justice, as it sought to enforce the impugned order (Ext.P1) while a stay petition (Ext.P4) was pending before the Commissioner of Income Tax (Appeals). The petitioner contended that coercive steps should be held in abeyance until the stay petition is decided. The revenue did not record any specific arguments 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.P4 stay petition. The petitioner's grievance is that during the pendency of the stay petition, Ext.P3 demand notice has been issued for enforcement of the impugned Ext.P1 order by the assessing authority for recovery of the disputed amounts.
Heard Dr.K.P.Pradeep, learned counsel appearing for the petitioner and Sri.Christopher Abraham, learned standing counsel 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 3rd respondent shall take up the matters in Ext.P4 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 that application without much delay, preferably within a WP(C).No.2474 OF 2020(H) 3 period of two months from the date of production of a certified copy of this judgment. Until orders are thus passed on the abovesaid Ext.P4 stay application, further coercive steps pursuant to Ext.P3 demand notice for enforcement of the impugned Ext.P1 order will be kept in abeyance. With these observations and directions, the above Writ Petition (Civil) stands finally disposed of. ALEXANDER THOMAS JUDGE vgd
WP(C).No.2474 OF 2020(H) 4
Appendix — schedule of exhibits
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