Application to Stay against Income Tax Order: Kerala HC Suspends Income Tax Recovery Proceedings Till Decision of Stay Petition [Read Order]

The Kerala High Court suspended the Income Tax recovery proceedings till the final decision of the stay petition. The Court disposed of the writ petition directing the 2nd respondent to consider and pass orders on stay petition, after affording an opportunity of hearing to the petitioner. 

M/S Giant Properties India Pvt Ltd, the petitioner suffered an order of assessment under the provisions of the Income Tax Act, 1961. The petitioner has preferred an appeal along with an application for stay before the 2nd respondent.  The only limited relief sought for by the petitioner is for a direction to the 2nd respondent to consider and pass orders on the stay petition, after affording an opportunity of hearing to the petitioner, and to suspend recovery of any amounts due in terms of order, pending consideration of stay petition. 

A single bench of Justice Gopinath P disposed of the writ petition directing the 2nd respondent to consider and pass orders on stay petition, after affording an opportunity of hearing to the petitioner.  Further held that “Till such time the orders are passed in Ext.P3, any proceedings for recovery of amount due in terms of Ext.P1 shall remain suspended.”

To Read the full text of the Order CLICK HERE

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