2004 (3) TMI 52 - HC - Income Tax

Recovery - income determined on assessment was substantially higher than the returned income - petitioner has filed this petition seeking that respondent No.2 be kindly directed not to take any further coercive measures against the petitioner for recovery of tax demand against the assessment which is pending in appeal before the Commissioner of Income-tax (Appeals) Held that in view of Circular dated August 21, 1969 the collection of the tax in dispute should be held in abeyance till the decision on the appeals

Summary

Issues:
Petition seeking directions against respondents for stay of recovery proceedings, coercive measures, sale of attached shop, expeditious appeal decision, and any other necessary relief.

Analysis:
The petitioner filed a petition seeking directions against the respondents, including staying the recovery proceedings, refraining from coercive measures, and not selling the attached shop until the appeal is decided. The petitioner appealed against an assessment order and requested a stay of recovery under the assessment order. The appeal is pending before the Income-tax Commissioner, with the next date fixed for March 15, 2004. Coercive action has been taken against the petitioner during the appeal's pendency, resulting in the attachment of the petitioner's shop. The petitioner argued that as per a circular dated August 21, 1969, the tax collection in dispute should be held in abeyance if the assessed income significantly exceeds the returned income, provided there are no lapses on the assessee's part. The petitioner urged that coercive action should be halted until the appeal decision based on this circular.

The court directed that the appeal of the petitioner should be heard and decided expeditiously by the concerned authority before March 15, 2004. If the appeal cannot be heard on that date, the petitioner can file an application for an interim direction for staying the recovery, which the authority should consider in accordance with the law. The petitioner can also refer to the circular dated August 21, 1969, while making this request. Until March 15, 2004, the petitioner's shop will remain attached for recovery purposes, but no coercive action should be taken against the petitioner during this period. The court disposed of the petition with these directions, emphasizing the need for a fair and lawful consideration of the petitioner's requests.

This judgment highlights the importance of procedural fairness and adherence to relevant circulars in tax recovery matters. It underscores the court's role in ensuring a balanced approach between tax collection and the rights of the taxpayer during appeal processes. The decision provides clarity on the timeline for appeal hearings and the authority's responsibility to consider interim stay requests in line with legal provisions and circular guidelines.