2022 (3) TMI 387 - HC - Income Tax

Assessment u/s 144B - HELD THAT - On going through the impugned order of respondent No.1 dated 16.12.2021, we are of the view that the said order is devoid of reasons. Petitioner was required to be heard, and there should be due application of mind before a decision is taken on the prayer for stay. Impugned order dated 16.12.2021 does not indicate or disclose any application of mind on the part of respondent No.1 in considering the prayer of the petitioner. It is well settled that recording of reasons is essential while dealing with such prayers made by an assessee. We set aside the order dated 16.12.2021 and remand the matter back to respondent No.1 for taking a fresh decision within a period of thirty (30) days from the date of receipt of a copy of this order in accordance with law by affording an opportunity of hearing to the petitioner. Since we have set aside the order of respondent No.1 dated 16.12.2021, we direct respondent No.5 and respondent No.6 to withdraw the attachment of bank accounts and APT Online account respectively of the petitioner forthwith. We make it clear that we have not expressed any opinion on merit as well as on the prayer for stay. All contentions are kept open.

Summary

Issues:
Assessment of income based on deposits made by the petitioner, Stay of demand under Section 220(6) of the Income Tax Act, Attachment of petitioner's bank accounts, Lack of reasons in the order of respondent No.1, Setting aside the order and remanding the matter for a fresh decision, Withdrawal of attachment of bank accounts and APT Online account, No expression of opinion on merit or prayer for stay.

Assessment of Income:
The petitioner, engaged in the business of running an authorized APT Online Centre, made deposits for customers' bills, which were treated as her income leading to a high assessment. The Assessment Order for the year 2018-19 assessed her income significantly higher than declared, resulting in a demand notice.

Stay of Demand:
The petitioner appealed the assessment order before the National Faceless Appeal Centre and applied for a stay of demand under Section 220(6) of the Income Tax Act. Respondent No.1 granted stay subject to payment of 20% of the outstanding demand within a week, relying on a Circular by the Central Board of Direct Taxes.

Attachment of Bank Accounts:
Respondent No.1 issued notices for the attachment of the petitioner's bank accounts, leading to a halt in her regular activities. The petitioner's accounts with State Bank of India and APT Online were attached, causing significant disruption.

Lack of Reasons in the Order:
The High Court observed that the order of respondent No.1 lacked reasons and did not show any application of mind in considering the petitioner's prayer for stay. Emphasizing the necessity of recording reasons in such cases, the court set aside the order and remanded the matter for a fresh decision within 30 days.

Withdrawal of Attachment:
In light of setting aside the order, the court directed the withdrawal of the attachment of the petitioner's bank accounts and APT Online account by respondent No.5 and respondent No.6, respectively, immediately. The court clarified that it did not express any opinion on the merit or the prayer for stay, keeping all contentions open.

Conclusion:
The High Court disposed of the writ petition without any order as to costs and closed any pending miscellaneous applications. The judgment focused on procedural fairness, emphasizing the need for reasons in decisions affecting taxpayers and ensuring a proper opportunity for hearing before any adverse actions are taken.