2012 (2) TMI 387 - HC - Income Tax

Recovery apprehended during the pendency of the appeals writ petition filed - Held that - In such case petitioner is directed to file stay petitions and recovery proceedings for realising the tax due from the petitioner will be kept in abeyance until orders are passed.

Summary

Issues:
1. Apprehended recovery of tax from cooperative societies under the Income Tax Act.
2. Rejection of requests for deferring recovery by Income Tax Officer.
3. Pending appeals filed by petitioners before the appellate authority.
4. Legal remedy available to avoid payment of tax.
5. Requirement to file stay petitions before the appellate authority.

Analysis:
The judgment by the High Court of Kerala addresses the grievances of cooperative societies registered under the Co-operative Societies Act concerning the apprehended recovery of tax due from them based on assessment orders issued under the Income Tax Act, against which their appeals are pending. The court specifically mentions three writ petitions with different assessment orders and appeals. The court notes that the petitioners had made requests to defer recovery, which were rejected by the Income Tax Officer, leading to the filing of these writ petitions during the pendency of their appeals.

The court acknowledges the statutory remedy available to petitioners to avoid payment of tax due under assessment orders is by filing stay petitions before the appellate authority. The court emphasizes that some of the appeals filed by the petitioners did not have corresponding stay petitions filed. Therefore, the court directs the petitioners in two of the writ petitions to file stay petitions within two weeks. It further instructs that the appellate authority should consider these stay petitions expeditiously and pass orders accordingly.

Regarding the pending stay petition in one of the writ petitions, the court directs that recovery action for the tax due shall be kept on hold until orders are passed on the stay petition. The judgment emphasizes compliance by the petitioners to produce a copy of the judgment and the writ petition before the appellate authority. Ultimately, the court disposes of the writ petitions by providing specific directives for each case, ensuring that the recovery proceedings are kept in abeyance subject to the filing and consideration of the required stay petitions.