2014 (5) TMI 283 - HC - Income Tax

Pending appeal for more than one year No hearing made for the application for interim relief Held that - The prayer of the assessee for quashing the order dated 25.03.13 cannot be accepted in the petition as an appeal against the order is pending consideration before the appellate authority and after the appeal is decided, assessee has a further right of appeal to the Appellate Tribunal - the question of quashing of the assessment order in these proceedings under Article 226 of the Constitution does not arises - The appellate authority have passed an order of stay and granted certain benefit, now no further interim order can be passed the revenue is directed to decide the appeal Decided against Assessee.

Summary

Issues:
Challenge to assessment order under Article 226 - Delay in appeal process - Prayer for quashing assessment order or mandamus for timely appeal decision - Stay order issued by appellate authority - Dispute over stay order and interim relief - Jurisdiction of High Court in quashing assessment order - Direction to appellate authority for timely appeal decision.

Analysis:
The petitioner filed a writ petition under Article 226 challenging the assessment order by the Assessing Officer. The main grievance was the delay in the appeal process pending before the Commissioner of Income Tax (Appeals). The prayer in the petition sought to quash the assessment order or to compel the respondent to pass an appropriate order on the application for stay or to expedite the appeal decision. The petitioner argued that the appellate authority was unjustifiably delaying the matter without cause.

The respondent produced an order by the appellate authority granting a partial stay on the demand, directing the assessee to deposit the outstanding balance in installments. The respondent contended that the petition was now rendered infructuous due to the stay order. However, the petitioner argued that a complete stay on recovery was warranted based on the prima facie case presented.

The High Court considered the contentions and ruled that the prayer to quash the assessment order could not be accepted as the appeal process was ongoing, with further appeal rights available. The mandamus for directing the appellate authority to decide on the stay application was deemed unnecessary in light of the stay order already issued. The Court emphasized that no further interim orders could be passed unless a specific challenge was made to the existing interim order.

Furthermore, the Court highlighted the importance of early appeal resolution, directing the appellate authority to decide the appeal within two months from the date of the Court's order. The Court concluded that no further intervention was required in the matter, disposing of the petition accordingly.