M/S. PONMUNDAM PROPERTIES PVT LTD vs. ASSISTANT COMMISSIONER OF INCOME TAX,
What did the High Court hold?
The High Court did not decide the merits of the case. Instead, it recorded the submission made by the learned Standing Counsel for the revenue that the Commissioner of Income Tax will consider the petitioner's application (Ext.P6) expeditiously. Based on this submission, the Court disposed of the writ petition. Therefore, no finding was reached on the legality of the Assistant Commissioner's demand or the merits of the stay application. The operative direction was to dispose of the application before the Commissioner promptly.
What were the facts?
The petitioner, M/s. Ponmundam Properties Pvt Ltd, filed a statutory appeal and a stay petition for assessment year 2014-15. While the appeal was pending, the petitioner filed an application under Section 220(6) of the Income Tax Act. The Assistant Commissioner of Income Tax, through an order (Ext.P5), disposed of this application by requiring the petitioner to pay 20% of the demand as a pre-condition for a stay. The petitioner then challenged this order before the Commissioner of Income Tax (Ext.P6) and filed the present writ petition seeking its early disposal.
What were the issues?
1. Whether the Assistant Commissioner of Income Tax was justified in demanding 20% of the tax as a pre-condition for considering the stay application under Section 220(6) of the Income Tax Act, 1961. Assessee's Contention: The petitioner implicitly challenges the pre-condition set by the Assistant Commissioner, as evidenced by their filing an application before the Commissioner of Income Tax (Appeals) seeking to challenge the Ext.P5 order. The petitioner's primary objective in filing the writ petition is to seek an early disposal of their application before the Commissioner. Revenue's Contention: The learned Standing Counsel for the revenue informed the Court that the Commissioner of Income Tax will consider the petitioner's application (Ext.P6) expeditiously.
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 For the assessment years 2014-15, the petitioner filed a statutory appeal along with a stay petition. Pending that appeal, the petitioner filed an application under Section 220(6) of the Income Tax Act. The Assistant Commissioner of Income Tax has, however, disposed of the petitioner's Ext.P4 application through the Ext.P5 order. That authority required the petitioner to pay 20% as a pre- condition to have the proceedings stayed. Then, the petitioner challenged the Ext.P5 before the Commissioner of Income Tax, through Ext.P6 application. Seeking its early disposal, the petitioner has filed this writ petition.
In response to the submissions made by the petitioner's counsel, the learned Standing Counsel informs the Court that the Commissioner of Income Tax will consider the Ext.P6 application expeditiously. Recording that submission, I dispose of the writ petition. DAMA SESHADRI NAIDU JUDGE das
-3- W.P.(C). No. 41712 of 2018 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER DATED 30/12/2017 EXHIBIT P2OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P3OF STAY PETITION FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P4OF THE APPLICATION UNDER SEC. 220(6) FILED BEFORE THE 1ST RESPONDENT. EXHIBIT P5OF THE ORDER BY THE 1ST RESPONDENT DAATED 02.02.2018 EXHIBIT P6OF LETTER DATED 12.2.2018
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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