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2025 Supreme(Online)(Ker) 50739

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
METRO AGGREGATES AND SAND INDIA PRIVATE LIMITED – Appellant
Versus
ASSISTANT COMMISSIONER OF INCOME TAX – Respondent


Advocates:
For the Appellants/Petitioners: SMT.BINISHA BABY, SMT.SARITHA K.S., SHRI.ARAVIND RAJAGOPALAN MENON, SHRI.ANIL D. NAIR (SR.), SHRI.ARAVIND SREEKUMAR
For the Respondents: SHRI. JOSE JOSEPH, SC

J U D G M E N T

The petitioner, who is an assessee under the Income Tax Act , has filed Ext.P2 appeal being aggrieved by Ext.P1 assessment order pertaining to the assessment year 2014-15. Along with Ext.P2 appeal, Ext.P3 stay petition was also submitted.

2. Grievance of the petitioner is with regard to the recovery that is being pursued by the respondents, pending consideration of the appeal and the stay petition. This writ petition is submitted in such circumstances.

3. After hearing the learned counsel for the petitioner and the learned standing counsel for the respondents, I am inclined to dispose of this writ petition.

Accordingly, it is ordered that the 2nd respondent shall take up Ext.P3 stay petition and pass appropriate orders thereon within a period of two months from the date of receipt of this judgment. Until such a decision is taken, the recovery proceedings pursuant to Ext.P1 shall be kept in abeyance.

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