2012 (5) TMI 76 - HC - Income Tax

Court Orders Respondent to Expedite Stay Application, Allows Parallel Proceedings

The court directed the respondent to expedite the disposal of the stay application within seven days, emphasizing that parallel proceedings were ... Writ of Certiorari to quash the order of attachment of Bank Accounts for non clearance of demand under Section 156 – petitioner contested that he has prima facie case against the demand but his Appeal or Application for Stay is not being heard by the respondent No.2 - Held that:- Since the Appeal along with the Stay Application is pending disposal with respondent No.2, the Writ Petitions are disposed of - direction to the respondent No.2, to dispose of the Stay Application filed within a period of seven days on appearance of the parties before him – in favour of assessee. Issues involved:1. Writ petition to quash the order of attachment of bank accounts under the Income Tax Act for non-clearance of demand.2. Dispute between management and labor regarding the disposal of surplus land to discharge liabilities.3. Assessment of income under the Income Tax Act disallowing certain deductions.4. Appeal for stay of demand and challenge against the order of attachment.5. Contention regarding the parallel proceedings before the appellate authority and the court.Analysis:1. The petitioner, a company under the Companies Act, sought a writ to quash the order of attachment of bank accounts under Section 226(3) of the Income Tax Act for non-clearance of demand under Section 156 of the Act. The company had been non-operational for 18 years due to a lockout, but the management took steps to revive it. The court directed the company to dispose of surplus land to settle labor liabilities.2. The company filed its income return showing profit from the land sale after deducting expenses. However, the Income Tax Officer disallowed certain deductions, leading to a substantial demand. The company appealed the assessment order, emphasizing its right to deduct expenses related to the land sale from the capital gain.3. The company also applied for a stay of the demand, which was partially granted by the Income Tax Officer. Upon failure to comply with the conditional order, the stay application was rejected. The company challenged this decision, arguing that it had a prima facie case against the demand.4. The main grievance was the delay in hearing the appeal and stay application, resulting in the attachment of the company's accounts, affecting its commercial activities. The company contended that once a statutory appeal is filed, it is entitled to a stay of demand and setting aside of the attachment order.5. The respondents argued that the writ petition was premature as the statutory appeal was pending. However, the court held that consequential orders could be challenged independently. The court directed the respondent to expedite the disposal of the stay application within seven days, emphasizing that parallel proceedings were permissible in this case.This detailed analysis covers the issues involved in the judgment, providing a comprehensive understanding of the legal proceedings and decisions made by the court.