JADKAL VYVASAYA SEVA SAHAKARA SANGHA NIYAMITA V. COMMISSIONER OF INCOME TAX (APPEALS)

WP/1281/2023

AI Insights

The case involves Jadkal Vyvasaya Seva Sahakara Sangha Niyamita Jadkal, represented by its CEO, Mr. Venaktaramana Sharma, who filed a writ petition against the Commissioner of Income Tax (Appeals) and other income tax officials. The petitioner sought a writ of mandamus to direct the first respondent to dispose of an appeal filed on 03/10/2022 within three months and to refrain from making any income tax demands until the appeal's disposal. Alternatively, the petitioner requested the third respondent to forward the application for stay to the second respondent and for the second respondent to consider it without taking any recovery actions in the meantime. The court referenced a similar case (W.P. No.22913/2022) where it had issued a directive for expeditious handling of such appeals and stay applications.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 752843 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 03-02-2023
• Assessment Year: misc
• Other Referred Cases: W.P. No.22913/2022
• Laws Referred To: Articles 226 and 227 of the Constitution of India
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: E I SANMATHI
• Assessee Lawyers: MAHESH UPPIN
• Keywords: Appeal; Income Tax; Mandamus; Stay Application; Writ petition

Judgement Text

" - 1 - WP No. 1281 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2023 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 1281 OF 2023 (T-IT) BETWEEN: JADKAL VYVASAYA SEVA SAHAKARA SANGHA NIYAMITA JADKAL (REGISTERED UNDER KCS ACT 1959) BYNDOOR, UDUPI 576233 REP BY ITS CHIEF EXECUTIVE OFFICER MR VENAKTARAMANA SHARMA …PETITIONER (BY SRI. MAHESH R UPPIN.,ADVOCATE) AND: 1. COMMISSIONER OF INCOME TAX (APPEALS) NATIONAL FACELESS APPEAL CENTRE ROOM NO 356, C R BUILDING I P ESTATE, NEW DELHI 110002. 2. ASSESSING OFFICER NATIONAL FACELESS ASSESSMENT CENTRE DELHI 110002. 3. INCOME TAX OFFICER WARD 2, AYAKAR BHAVAN ADI UDUPI, MALPE ROAD UDUPI 576103. …RESPONDENTS (BY SRI.E.I. SANMATHI., ADVOCATE) Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA - 2 - WP No. 1281 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS BY DIRECTING THE 1ST RESPONDENT TO DISPOSE OF THE APPEAL ANNEXURE-C DATED 03/10/2022 FILED BY THE PETITIONER IN THE E-PORTAL WITHIN A PERIOD OF THREE MONTHS AND TILL THE DISPOSAL OF THE SAID APPEAL, NOT TO MAKE ANY DEMAND OF INCOME TAX FROM THE PETITIONER OR IN THE ALTERNATIVE; DIRECT THE THIRD RESPONDENT TO FORWARD THE APPLICATION FILED UNDER ANNEXURE-E DATED 03/10/2022 TO THE SECOND RESPONDENT AND IN TURN DIRECT THE SECOND RESPONDENT TO CONSIDER THE SAID APPLICATION IN ACCORDANCE WITH LAW AND TILL THE DISPOSAL OF THE SAID APPLICATION NOT TO RECOVER THE TAX UNDER DEMAND. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The petitioner has filed this petition for a direction to the first respondent to dispose of the petitioner’s appeal [Annexure-C] within a timeline, or in the alternative, has sought for directions to the second respondent to consider his application for stay [Annexure-E] with a direction to the second respondent not to take any action until such application for stay is considered. - 3 - WP No. 1281 of 2023 Sri. Mahesh R Uppin, the learned counsel for the petitioner, submits that in similar circumstances this Court has disposed of the writ petition in W.P. No.22913/2022 by order dated 09.12.2022 directing the Appellate Authority to dispose of the appeal expeditiously with simultaneous direction to the second respondent to consider the application for stay and pass suitable orders in accordance with law within a period of three [3] weeks from the date of receipt of a copy of the order with a further direction that no precipitative or coercive measures shall be taken. As such, this Court may consider passing similar orders in this petition. Sri E I Sanmathi, the learned standing counsel for the respondents, who is called upon to accept notice, submits that this Court could consider directing the second respondent to consider the petitioner’s application for stay [Annexure-E] within three [3] months from the date of receipt of a certified - 4 - WP No. 1281 of 2023 copy of this order and also the petitioner’s request for directions for expeditious disposal of the appeal. In the light of the above, the petition stands disposed of directing the second respondent to consider the petitioner’s application for stay [Annexure-E] within a period of three [3] months from the date of receipt of a certified copy of this order strictly in accordance with law and until such decision, the respondents are restrained from taking any coercive measures against the petitioner. It would be open to the petitioner to seek expeditious disposal of the appeal before the Appellate Authority. Sd/- JUDGE AN/- "