NETWORK SYSTEMS AND TECHNOLOGIES LTD vs. ASSISTANT COMMISSIONER OF INCOME TAX ,
What did the High Court hold?
The High Court disposed of the Writ Petition without adverting to the merits of the case. The Court directed that the 1st respondent (Assistant Commissioner of Income Tax) would consider the petitioner's application (Ext.P2) expeditiously, within one month. Furthermore, the authorities were directed to defer coercive steps until the application is considered. The ratio decidendi is that in cases where an application under Section 220(6) is pending and coercive steps are threatened, the High Court can direct expeditious consideration of the application and a stay on coercive measures, without deciding the substantive appeal.
What were the facts?
The petitioner, Network Systems and Technologies Ltd (since amalgamated with SFO Technologies (P) Ltd), is an assessee under the Income Tax Act. The assessment year in question is 2012-2013. Following assessment proceedings, the petitioner filed a statutory appeal and an application under Section 220(6) of the Income Tax Act. The petitioner approached the High Court of Kerala through a Writ Petition (Civil) because they were facing coercive steps from the Assistant Commissioner of Income Tax (1st respondent) before their application (Ext.P2) could be considered.
What were the issues?
1. Whether the High Court should intervene in the pending proceedings before the income tax authorities, specifically concerning the consideration of an application under Section 220(6) of the Income Tax Act, when coercive steps are being threatened. Assessee's Contention: The petitioner sought intervention to prevent coercive steps while their application under Section 220(6) was pending consideration. They argued that the authorities should not proceed with coercive measures until their application is decided. Revenue's Contention: The Standing Counsel assured the Court that the 1st respondent would consider the petitioner's Ext.P2 application 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 The petitioner, an assesssee under the Income Tax Act, had his income assessed for 2012-2013. After those assessment proceedings, there arose a statutory appeal and also an application under Section 220(6) of the Act. Faced with the coercive steps before the 1st respondent could consider its Ext.P2 application, the petitioner has filed this Writ Petition.
In response to the submissions made by the petitioner's counsel, the learned Standing Counsel assures the Court that the 1st respondent will consider the petitioner's Ext.P2 application expeditiously. Without adverting to the merits, I dispose of the Writ Petition holding that the 1st respondent will consider the petitioner's Ext.P2 application expeditiously, in one month. The authorities will defer coercive steps till then. DAMA SESHADRI NAIDU JUDGE
WP(C).No. 41013 of 2018 3 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER FOR THE ASSESSMENT YEAR 2012-13 DATED 31.3.2016 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2OF THE APPLICATION UNDER SECTION 220(6) DATED 4.5.2016 EXHIBIT P3OF THE APPEAL MEMORANDUM FILED AND PENDING BEFORE THE 2ND RESPONDENT RESPONDENTS' EXHIBITS NIL //// P.A. TO JUDGE
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
Recent GST High Court judgments
Search GST case law →- Shri Yaras Suresh Babu Prabhu Kumar vs. The Union Of INDIATelangana · 27 Oct 2026
- Santa Singh vs. SuperintendentUttarakhand · 27 Oct 2026
- Azaad Builders vs. Assistant Commissioner SGSTUttarakhand · 27 Oct 2026
- Ganesh Trimbak Saraf And Another vs. The State Of Maharashtra And AnotherBombay · 26 Oct 2026
- M/S Monolith Resorts Private Limited vs. The CommissionerUttarakhand · 26 Oct 2026