2020 (8) TMI 324 - HC - Income Tax

Stay petition - orders to pay 20% of the disputed amounts as a condition for grant of stay for recovery of the balance amount, pending consideration of the stay application by the appellate authority - HELD THAT - We dispose the writ petition by directing the 1st respondent to consider and pass orders on Exts.P3, P8 and P13 appeals within an outer time limit of six months from the date of receipt of a copy of this judgment, after hearing the petitioner. It is made clear that till such time as orders are passed by the 1st respondent as directed, and the order communicated to the petitioner, the recovery steps for recovery of amounts confirmed against the petitioner by the assessment orders in question shall be kept in abeyance. Set aside Exts.P4, P9 and P14 orders of the 2nd respondent that direct the petitioner to remit 20% of the disputed amounts, pending disposal of the appeal.

Summary

Issues:
1. Appeal against assessment orders under the Income Tax Act.
2. Stay petitions filed pending disposal of the appeal.
3. Direction to pay 20% of disputed amounts for grant of stay.
4. Issue of deduction under Section 80P of the Income Tax Act for Co-operative Societies.
5. Judicial directions in connected matters regarding coercive recovery steps.

Analysis:

1. The petitioner filed appeals against assessment orders under the Income Tax Act, along with stay petitions. The petitioner was directed to pay 20% of the disputed amounts by the 2nd respondent for the grant of stay pending consideration of the appeal by the appellate authority.

2. The main issue in the writ petition was the permissibility of a deduction under Section 80P of the Income Tax Act concerning Co-operative Societies. The petitioner highlighted that in connected matters, the court had directed the appellate authority to consider and pass orders on the appeal, while restraining the respondents from taking coercive recovery steps until then.

3. After hearing both parties, the court directed the 1st respondent to consider and pass orders on the appeals within six months from the date of the judgment. Until the orders are communicated to the petitioner, recovery steps for the amounts confirmed by the assessment orders were to be kept in abeyance.

4. The court set aside the orders of the 2nd respondent directing the petitioner to remit 20% of the disputed amounts pending appeal disposal. The petitioner was instructed to provide a copy of the judgment and writ petition to the 2nd respondent for further action in light of the directions given by the court.

This judgment provides clarity on the procedural aspects of appeals and stay petitions under the Income Tax Act, emphasizing the importance of timely consideration by the appellate authority and ensuring fair treatment of taxpayers during the appeal process.