Delay of 65 days in filing Appeal: Kerala HC directs to consider Stay Petition against Assessment Order under Income Tax Act [Read Order]

The Kerala High Court directed to consider the stay petition against the assessment order passed under the Income Tax Act, 1961 when the appeal was filed with a delay of 65 days.

Against the assessment order, the petitioner has preferred an appeal. The appeal has been filed along with an application for condonation of delay of 65 days. The petitioner has also proceeded the stay petition. The limited prayer of the petitioner is for consideration of the appeal.

Every taxpayer has to furnish the details of his income to the Income-tax Department. These details are to be furnished by filing up his return of income. Once the return of income is filed up by the taxpayer, the next step is the processing of the return of income by the Income Tax Department.

The Income Tax Department examines the return of income for its correctness. The process of examining the return of income by the Income-Tax department is called as “Assessment”. Assessment also includes re-assessment and best judgment assessment under section 144 of the Income Tax Act.

A Single Bench of Justice Murali Purushothaman observed that “There will be a direction to the 2nd respondent to consider an application for condonation of delay, as expeditiously as possible, and if the delay is condoned, the 2nd respondent shall consider the stay petition expeditiously thereafter.”

“The entire exercise shall be completed within a period of two months. Till such time there will be a stay of recovery proceedings pursuant to the order along with the demand notice by the 1^st respondent” the Court directed.

To Read the full text of the Order CLICK HERE

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