M/S. V. M. CONSTRUCTIONS vs. INCOME TAX OFFICER, WARD 22 (3) (1) AND ANR
What did the High Court hold?
The High Court held that both orders dated June 26, 2014, and July 23, 2014, rejecting the petitioner's applications for stay of demand under Section 220(6) of the Income Tax Act, 1961, were non-speaking and passed in total breach of the law. The Court relied on its own decision in KEC International v/s. B.R. Balakrishnan, which laid down guidelines for disposing of stay applications. These guidelines include briefly setting out the assessee's case, considering whether a case for unconditional stay is made out, examining financial viability if deposit is required, and assessing the likelihood of the assessee defeating the demand. The Court found that the impugned orders were devoid of even mention, let alone consideration, of the petitioner's case. Consequently, both orders were quashed and set aside. Instead of restoring the application for final disposal by the Assessing Officer, the Court directed that no coercive proceedings be adopted by the respondent until the CIT(A) disposes of the petitioner's appeal and for a period of two weeks thereafter, given that the appeal was scheduled for final hearing. The petitioner was also directed to cooperate with the CIT(A) for an early disposal of the appeal.
What were the facts?
The petitioner, M/s. V.M. Constructions, is challenging orders dated June 26, 2014, and July 23, 2014, passed by the Assessing Officer and Additional Commissioner of Income Tax (Addl. CIT) respectively. These orders rejected the petitioner's applications for a stay of demand pending its appeal before the Commissioner of Income Tax (Appeals) [CIT(A)]. The assessment year in question is 2008-09. The Assessing Officer had reopened the assessment under Section 148 and determined the petitioner's income at Rs. 2.71 Crores, a significant increase from the returned income of Rs. 6.68 lakhs. The petitioner filed an appeal with the CIT(A) and subsequently sought a stay of demand under Section 220(6) of the Income Tax Act, 1961. Both applications for stay were rejected without detailed reasoning.
What were the issues?
1. Whether the orders dated June 26, 2014, and July 23, 2014, rejecting the petitioner's applications for stay of demand under Section 220(6) of the Income Tax Act, 1961, are non-speaking and passed in breach of law? Assessee's Contentions: The petitioner argued that both orders rejecting their stay applications were non-speaking and passed in total breach of the law as laid down by the Bombay High Court in KEC International v/s. B.R. Balakrishnan. They contended that the authorities failed to consider the petitioner's case and provided no reasons for rejection. The petitioner sought to quash these orders and direct the Assessing Officer to keep recovery proceedings in abeyance until the disposal of their appeal by the CIT(A), and further requested the CIT(A) to dispose of the appeal expeditiously. Revenue's Contentions: The judgment does not record specific contentions made by the revenue.
Which sections of the Income-tax Act were involved?
Section 220(6),Section 143,Section 147,Section 148,Section 156
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
by the authority in its order. S.R.JOSHI 3 of 5
wp-8469-2015 (c) In cases where the assessee relies upon financial difficulties, the authority concerned can briefly indicate whether the assessee is financially sound and viable to deposit the amount if the authority wants the assessee to so deposit. (d) The authority concerned will also examine whether the time to prefer an appeal has expired. Generally, coercive measures may not be adopted during the period provided by the statute to go in appeal. However, if the authority concerned comes to the conclusion that the assessee is likely to defeat the demand, it may take recourse to coercive action for which brief reasons may be indicated in the order. (e) We clarify that if the authority concerned complies with the above parameters while passing orders on the stay application, then the authorities on the administrative side of the Department like respondent No.2 herein need not once again give reasoned order. The above parameters are not exhaustive. They are only recommendatory in nature.”
Both the orders dated 26th June, 2014 and 26th July, 2014 are devoid of even mention leave alone consideration of the Petitioner's case. Consequently both the orders are quashed and set aside. 8 Normally, we would have restored the application under Section 220(6) of the Act for final disposal by the Assessing Officer in line with the decision of this Court in KEC International (supra), but are not doing so in this case. This for the reason that we are informed that the CIT(A) had already fixed the hearing of the Appeal on 7th September, 2015. At that time, it appears that the Petitioner sought time and the Appeal has now been fixed for hearing on 22nd September, 2015. As the appeal itself is now being finally heard by CIT(A) beginning on the 22nd September, 2015, it would be appropriate that Respondent do not adopt any coercive proceedings till the CIT(A) to disposes of Petitioner's Appeal S.R.JOSHI 4 of 5
wp-8469-2015 on merits and for a period of two weeks thereafter. 9 However, it is made clear that the Petitioner will cooperate with the CIT(A) for early disposal of the appeal. In case the Petitioner does not cooperate and seeks an adjournment without any justification, the Respondent is at liberty to move this Court for modification of this order. 10 Petition disposed of in the above terms. No order as to costs. (G.S.KULKARNI,J.) (M.S.SANKLECHA,J.)
S.R.JOSHI 5 of 5
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 →- Shining Steel Through Its Proprietor Kartik Gupta vs. Union Of INDIA & Ors.Delhi · 27 Oct 2026
- M/S Redamancy World Through Its Proprietor Sanjay Kumar Goel vs. Central Board Of Indirect Taxes And Customs & Ors.Delhi · 27 Oct 2026
- M/S Arj Exim INDIA vs. Additional Commissioner Of CGST, Appeals-Ii, New Delhi And OrsDelhi · 27 Oct 2026
- The State Of Bihar Through The Commissioner Of State Tax vs. Kaushlendra KumarPatna · 27 Oct 2026
- Ayush Sureshchandra Shah vs. State Of GujaratGujarat · 27 Oct 2026