Relief to Kalyan Jewellers: Kerala HC Stays Coercive Steps on Apprehension of Income Tax Assessment Order Enforcement during Appeal Proceedings [Read Order]

A single judge bench of the Kerala High Court has imposed a stay on proceedings against Kalyan jewelers by the Income tax department. The assessee contends that, displeased with the  assessment order, they have submitted the appeal, stay petition, and delay petition to the respondent.

The petitioner, Kalyan Jewelers India Ltd, is concerned that, while appeal and condonation petitions are pending, the respondents might proceed with the enforcement of the assessment order. Hence, the filing of this writ petition.

Justice, C.S. Dias in his judgment instructed the Commissioner of Income Tax(Appeals) to review and address the delay petition in compliance with the law and with promptness, preferably within three months from the receipt of a certified copy of this judgment, ensuring the petitioner is granted an opportunity to present their case.

Additionally, he pointed out that since the respondent, Income Tax Department, has decided to condone the delay, he should concurrently evaluate and resolve the  stay petition in accordance with the law, providing the petitioner an opportunity to be heard. The assessee was represented by Harisankar V. Menon, appearing for the petitioner, the Income Tax department was represented by Ajith C.Kumar, appearing for the respondent.

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