2022 (5) TMI 122 - SC - Income Tax

Recovery proceedings - AO required the petitioner to deposit 20% of the disputed amount - projection of Tax on Returned Income - Certain matters concerning the assessee are pending consideration before the Commissioner of Income Tax (Appeals) - HELD THAT - Since the matters had arisen out of the proceedings initiated by way of a writ petition before the High Court questioning the demand, both sides are agreeable that the matters pending before the Commissioner of Income Tax (Appeals) be taken to logical conclusion. We, therefore, leave the assessee as well as the revenue to agitate all the issues before the Commissioner of Income Tax (Appeals) in the pending appeals. Let those issues be considered by the Commissioner of Income Tax (Appeals) without being influenced by any of the observations made by the High Court in the order presently impugned. Considering the nature of circumstances, we may direct the Commissioner of Income Tax (Appeals) to dispose of the matters as expeditiously as possible and preferably within three months.

Summary

Issues:
- Appeal challenging the order of the High Court of Delhi in Writ Petition (Civil) No.10289 of 2019.
- Matters pending before the Commissioner of Income Tax (Appeals) for Assessment Year 2011-2012 and subsequent years.
- Directions for the pending appeals before the Commissioner of Income Tax (Appeals).

Analysis:
The Supreme Court heard an appeal challenging the High Court of Delhi's order in a writ petition from 2019. The issue at hand pertained to the Assessment Year 2011-2012. Both parties agreed that certain matters concerning the assessee were pending before the Commissioner of Income Tax (Appeals) for the Assessment Year 2010-2011 and subsequent years. The Court decided to allow the assessee and the revenue to present all issues before the Commissioner of Income Tax (Appeals) in the ongoing appeals, independent of the High Court's observations in the impugned order.

The Supreme Court directed the Commissioner of Income Tax (Appeals) to handle the pending matters promptly and preferably resolve them within three months. Until the resolution, a status-quo was ordered to be maintained by the parties. To expedite the process, the parties were instructed to appear before the Commissioner of Income Tax (Appeals) on a specified date. The appeal was disposed of with these directions, and no costs were awarded in the judgment.