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2025 Supreme(Online)(Ker) 53084

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. MUHAMED MUSTAQUE, HARISANKAR V. MENON, JJ
ALPHA ENGINEERING SERVICES – Appellant
Versus
CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS DEPARTMENT OF REVENUE – Respondent
WA NO. 2787 OF 2025 | WP(C) NO.41399 OF 2025

Advocates:
For the Appellants/Petitioners: DR.K.P.PRADEEP, SRI.T.T.BIJU, SMT.T.THASMI, SMT.M.J.ANOOPA
For the Respondents: SRI.ARUN CHANDY

The court ruled that a stay on interest and penalties is warranted pending resolution of the writ petition.

Headnote:The judgment analyzes the implications of tax recovery and penalties under the tax statute, considering the appellant's payment of the tax. The court acknowledges the key issue of imposing a stay on interest and penalties until the pending writ petition is resolved. The court concludes that the appeal is disposed of under these considerations.

A. Muhamed Mustaque, J.

Considering the nature of the issues involved in this appeal and taking note of the fact that the appellant has already paid the tax, there shall be a stay against the recovery of interest and penalty demanded in Ext.P9 of the writ petition, till the disposal of the writ petition. This will be subject to any order to be passed by the learned Single Judge in the writ petition.

Accordingly, this appeal would stand disposed of.

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2025 Supreme(Online)(Ker) 53084

IN THE HIGH COURT OF KERALA AT ERNAKULAMA. MUHAMED MUSTAQUE, HARISANKAR V. MENON, JJALPHA ENGINEERING SERVICES – AppellantVersusCENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS DEPARTMENT OF REVENUE – RespondentWA NO. 2787 OF 2025 | WP(C) NO.41399 OF 2025

The court ruled that a stay on interest and penalties is warranted pending resolution of the writ petition.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. MUHAMED MUSTAQUE, HARISANKAR V. MENON, JJ
ALPHA ENGINEERING SERVICES – Appellant
Versus
CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS DEPARTMENT OF REVENUE – Respondent
WA NO. 2787 OF 2025 | WP(C) NO.41399 OF 2025