The Kerala High Court directed to stay proceedings under the Income Tax Act, 1961 till the passing of the final order of appeal. The petitioner already filed an appeal against the revision order under the Income Tax Act.
The assessment of the petitioner, Pallathukadavil Ibrahimkutty Abdul Kabeer was completed for the year 2018-19 by order dated 15.03.2021. The Principal Commissioner of Income Tax issued an order under Section 263 of the Income Tax Act finding that the order of assessment was erroneous and prejudicial to the revenue and therefore, set aside the assessment order and directed the Assessing Officer to complete the assessment de-novo.
The petitioner filed an appeal against the order. According to the petitioner, the appeal was finally heard on 09.02.2024. It is submitted that pending the passing of final orders on appeal, the petitioner has been served with notice. It was prayed that further proceedings may be kept in abeyance till the final orders are issued on appeal.
Justice Gopinath P disposed of the writ petition directing that since appeal has already been finally heard and orders are awaited, further proceedings shall be kept in abeyance till final orders are passed on appeal.
Harisankar V Menon, Meera V Menon, R Sreejith, K Krishna, Achyuth Menon, Parvathy Menon, and Padmanathan K V appeared for the petitioner assessee. Sri Jose Joseph appeared for the respondent.
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