KUTHUPARAMBA CO-OPERATIVE RURAL BANK LTD., vs. THE INCOME TAX OFFICER,
What did the High Court hold?
The High Court disposed of the writ petition by directing the 3rd respondent (Commissioner of Income Tax (Appeals)) to consider and pass orders on the petitioner's appeal (Ext. P2) within six months from the date of receipt of the judgment, after hearing the petitioner. The Court clarified that recovery steps for the amounts confirmed by the assessment/rectification orders shall be kept in abeyance until the 3rd respondent passes orders and communicates them to the petitioner. The petitioner is to furnish a copy of the writ petition and the judgment to the 3rd respondent for further action. The Court did not decide on the merits of the assessment/rectification orders themselves, but rather on the procedural aspect of ensuring the appeal is heard without immediate recovery pressure.
What were the facts?
The petitioner, Kuthuparamba Co-operative Rural Bank Ltd., is challenging assessment/rectification orders (Exts. P1 and P1(a)) by filing an appeal (Ext. P2) before the Commissioner of Income Tax (Appeals), the 3rd respondent. The petitioner also sought a stay of recovery from the Principal Commissioner of Income Tax (2nd respondent) under Section 220(6) of the Income Tax Act. The 2nd respondent granted a stay on the condition of paying 20% of the confirmed demand. The petitioner contends that this Court has previously directed appellate authorities to consider appeals on merits while keeping recovery steps in abeyance in similar cases and seeks a similar order.
What were the issues?
1. Whether the petitioner is entitled to a direction for the Appellate Authority to consider their appeal on merits while keeping recovery steps in abeyance, similar to orders passed in identical matters by this Court? Assessee's Contentions: The petitioner argues that based on previous High Court judgments in similar cases, the recovery steps for amounts confirmed by assessment orders should be kept in abeyance during the pendency of the appeals. They seek a similar direction in their case. Revenue's Contentions: The judgment does not record any specific contentions made by 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 Against Exts.P1 and P1(a) assessment/rectification orders under the Income Tax Act, the petitioner has preferred Ext.P2 appeal before the 3rd respondent. The petitioner also moved a stay application before the 2nd respondent in terms of Section 220(6) of the Income Tax Act and the said authority granted a stay of recovery of the confirmed demand on condition that the petitioner paid 20% of amounts confirmed against him by the assessment orders. In the writ petition, it is the case of the petitioner that in as much as this Court has in identical matters, directed the Appellate Authority to consider the appeals on merits by directing that the recovery steps for recovery of amounts confirmed against the assessee by the assessment orders shall be kept in abeyance during the pendency of the appeals, a similar order should be passed in this case also.
I have heard the learned counsel appearing for the petitioner and also the learned Standing Counsel appearing for the respondents.
Taking note of the direction of this Court in connected matters, the writ petition is disposed by directing the 3rd respondent to consider and pass orders on Ext.P2 appeal within a period of six months from the date of receipt of a copy of this judgment, after hearing the petitioner. It is made clear that WP(C).No.32833 OF 2019 3 recovery steps for recovery of amounts confirmed against the petitioner by the assessment order/rectification order shall be kept in abeyance till such as the orders are passed by the 3rd respondent, as directed and the orders communicated to the petitioner. 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 SJ
WP(C).No.32833 OF 2019 4
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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