Appeal against Assessment order passed u/s 143: Kerala HC directs to deposit Pre deposit of Assessed Tax [Read Order]
Appeal Assessment order passed – Kerala HC directs to deposit Pre deposit of Assessed Tax – TAXSCAN
Appeal Assessment order passed – Kerala HC directs to deposit Pre deposit of Assessed Tax – TAXSCAN
The Kerala High Court in a recent judgement has directed the petitioner assessee to deposit a deposit of assessed tax for appeal against the assessment order passed under section 143 of the Income Tax Act, 1961.
Esatto Builders Private Limited, the petitioner sought a direction to the first respondent i.e., the Income Tax Appellate Tribunal, Kochi to consider the appeal and stay petition and pass appropriate orders by the law, after affording an opportunity of hearing to the petitioner.
The assessment under Section 143(3) of the Income Tax Act, 1961 (‘Act, 1961’) for the assessment year 2012-2013 was finalised vide assessment order dated 30.03.2015. The total income of the petitioner for the assessment was finalised at Rs.1,88,38,176/- and notice was issued to the petitioner demanding a tax amount of Rs.82,93,890/-.
The petitioner has filed an appeal under Section 250 of the Act, 1961 before the National Faceless Assessment Centre, respondent No.2. The appellate authority, vide order dismissed the appeal holding that the petitioner failed to substantiate its claim and confirmed the additions made to the returned income by the assessing authority.
Impugning the said order passed by the first appellate authority, the petitioner has filed an appeal before the Income Tax Appellate Tribunal, Kochi.
It was admitted that the petitioner has not made the required predeposit of the assessed tax for entertaining the application for stay. The counsel for the petitioner submits that the petitioner will deposit the required pre-deposit of tax within 10 days.
Considering the said submission, Justice Dinesh Kumar Singh disposed of, with liberty to the petitioner to deposit the required pre-deposit of the assessed tax within ten days. Further held that “ If the petitioner makes the payment as directed above, Exhibit P5 application for stay filed by the petitioner along with Exhibit P4 appeal shall be heard and decided on merits expeditiously, after giving an opportunity of hearing to the petitioner. For 15 days, no coercive steps shall be taken against the petitioner under Exhibit P1 assessment order.”
To Read the full text of the Order CLICK HERE
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