2020 (7) TMI 374 - HC - Income Tax

Stay petition - commanding the petitioner to pay 20% of the demanded amount - HELD THAT - AO / CIT(A) cannot blindly apply the Circular, as in the instant case. - Even the order do not reflect whether opportunity of hearing was given to the petitioner nor any advertance to any arguments. Such order cannot escape the scrutiny of the Court, while exercising the power of judicial review under Article 226 of the Constitution of India. Ext.P14 impugned order is set aside and the matter is remitted to the Office of the Commissioner of Income-tax (Appeals) - I, to consider the stay applications filed and pass detailed order, after affording opportunity of hearing to the petitioner.

Issues:
1. Disposal of stay applications by commanding the petitioner to pay 20% of the demanded amount.
2. Application of Circulars dated 31-7-2017 and 29-2-2016 in the impugned order.
3. Lack of reasoning and mechanical passing of the impugned order.
4. Failure to consider arguments submitted in support of the interim prayer.
5. Judicial review under Article 226 of the Constitution of India.

Analysis:
1. The petitioner, a registered company under the Companies Act functioning as a Portfolio Manager, challenged the impugned order dated 20-3-2020, which directed them to pay 20% of the demanded amount in response to applications for stay related to assessment years 2017-18 and 2018-19. The petitioner argued that the surplus funds from their Portfolio Management business were invested in equities of Indian Companies and bank accounts. The appellate authority dismissed the stay applications based on a Circular from 2017, without considering arguments related to a Circular from 2016.

2. The petitioner had submitted returns for the assessment years 2017-18 and 2018-19, but faced challenges with the assessment orders. The net income for 2017-18 was determined at ?17,15,01,720, and a demand of ?44,30,632 was raised for 2018-19. Appeals were filed along with stay applications, which were dismissed by the impugned order referencing the Circular from 2017 but overlooking the Circular from 2016, which provided options for similarly situated individuals.

3. The High Court noted that the impugned order lacked detailed reasoning and was passed in a mechanical manner. The order did not reflect any consideration of the arguments submitted by the petitioner in support of the interim stay. The Court emphasized the importance of quasi-judicial authorities like the Commissioner of Income-tax (Appeals) to thoroughly review the arguments presented and not blindly apply Circulars without proper assessment.

4. Considering the deficiencies in the impugned order, the High Court set it aside and remitted the matter to the Commissioner of Income-tax (Appeals) to reevaluate the stay applications and appeals for the assessment years 2017-18 and 2018-19. The Commissioner was directed to pass a detailed order after providing an opportunity for the petitioner to be heard. The Court stressed the need for a fair review process within two months to prevent any coercive actions against the petitioner.

5. The Court's decision highlighted the significance of judicial review under Article 226 of the Constitution of India in ensuring the proper application of laws and Circulars by quasi-judicial authorities. The judgment aimed to uphold procedural fairness and adherence to legal principles in matters concerning tax assessments and stay applications, emphasizing the need for reasoned decisions based on thorough consideration of all relevant arguments and Circulars.

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