2020 (7) TMI 337 - HC - Income Tax

Stay petition - Lockdown due to Covid-19 Pandemic - prayer for interim stay and appropriate direction issued to the appellate authority for the disposal of interim application along with the appeal within a reasonable period after lock down is over subject to deposit of the 20% of the demanded amount which is not phenomenal - HELD THAT - This writ petition can be disposed of, with a direction to the 2nd respondent to take a call on application of stay within two months from the date of receipt of a copy of this judgment after affording an opportunity of hearing to the petitioner and pass a speaking and reasoned order. However, till such time, the revenue recovery proceedings based on Ext.P4 shall be kept in abeyance, subject to the condition that the petitioner deposits 10% of the demand raised within a period of one month.

Summary

Issues:
1. Stay application and appeal against assessment order
2. Notice of demand issued during pendency of appeal
3. Impact of Covid-19 lockdown on appeal process
4. Interim stay requested by petitioner
5. Direction for disposal of interim application and appeal
6. Condition for keeping revenue recovery proceedings in abeyance

Analysis:
1. The petitioner had filed a statutory appeal and a stay application against the assessment order. However, a notice was issued by the Income Tax Officer (ITO) demanding an amount during the pendency of the appeal. The petitioner faced difficulties due to the Covid-19 pandemic and the subsequent nationwide lockdown, which delayed the resolution of the appeal and stay application.

2. Sri. Jose Joseph, representing the respondent, accepted the notice and opposed the petitioner's request for an interim stay. Instead, he suggested that the appellate authority be directed to decide on the interim application and the appeal within a reasonable period after the lockdown ends, subject to the condition of depositing 20% of the demanded amount.

3. After hearing both parties and reviewing the case, the judge decided to dispose of the writ petition by directing the 2nd respondent to make a decision on the stay application within two months of receiving a copy of the judgment. The decision was to be made after giving the petitioner an opportunity for a hearing and issuing a speaking and reasoned order. Until then, revenue recovery proceedings based on a specific document were to be suspended, provided that the petitioner deposited 10% of the demanded amount within one month.

4. The judgment provided clarity on the course of action to be taken regarding the stay application, the appeal, and the revenue recovery proceedings. It balanced the interests of both parties by allowing time for the decision-making process while ensuring that the petitioner fulfilled a deposit condition to prevent immediate recovery actions by the revenue authorities. The judgment aimed to address the challenges faced by the petitioner due to the pandemic situation and the subsequent delays in the legal process.