The Kerala High Court directed the Income Tax Authority to pass an appropriate order within 2 months as the appellant already filed an Income Tax appeal before the appellate authority.
Jalaludeen Shahul Hameed, the petitioner prayed to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to provide a link to the petitioner to upload the stay petition.
The petitioner submitted that against the impugned assessment order, the petitioner has filed an appeal before the 2nd respondent, National Faceless Authority. The petitioner has also applied for a stay. The counsel for the petitioner also submitted that the huge demand of Rs.7,59,16,442/- as income tax due is illegal as the 3rd respondent, assessing authority has treated the purchases of Rs.14,06,63,648/- as non-bonafide purchases and which has been disallowed.
A single bench of Justice Dinesh Kumar Singh directed the 2nd respondent to consider and pass an appropriate order in accordance with the law on the stay application of the petitioner expeditiously, preferably within two months. Further held that “for two months, no recovery in pursuance to the impugned assessment order shall be enforced against the petitioner.”
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