Kerala HC Directs to remit 15% total demand as per assessment order within period of one week [Read Order]

Kerala high court directed to remit 15 % of total demand as per the assessment order within  a period of one week
Kerala HC - remit - total demand - assessment - period of one week - taxscan

In a significant case the Kerala high court directed to remit 15 % of total demand as per the assessment order within a period of one week.

In this case the petitioner Diana Peter Alias Diana Gomez  filed an appeal along with stay application and application for condonation of delay against the assessment order passed under Section 147 read with Section 144 and 144B of the Income Tax Act.

P.G Jayasankar, Senior Standing Counsel for the Income Tax Department submits that the delay is huge in filing the appeal. The petitioner has filed the appeal with a delay of 150 days.

S.Gokul Babu Keshavraj Nair M.Anil Prasad Parvathy Nair Gaadha Suresh Arun M.V. Viswanath Jayan, Advocates appeared for the petitioner

After considering the both submissions the single bench judge of Dinesh Kumar Singh directed  the  1st respondent to consider and pass necessary orders on application for condoning the delay as well as stay application expeditiously, preferably within a period of two months.

Further the demand in pursuance to assessment order shall remain till the decision on application for condonation of delay and stay petition subject to making deposit of 15% of the total demand as per assessment order.

Accordingly, the bench directed the petitioner to remit 15% of the total demand as per assessment order within a period of one week .

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