SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Ker) 56166

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
HERITAGE AUTOMOTIVES – Appellant
Versus
ASSESSMENT UNIT – Respondent
WP(C) NO. 45978 OF 2025



Advocates:
For the Appellants/Petitioners: SMT.BINISHA BABY, SHRI.ARAVIND SREEKUMAR, SMT.SARITHA K.S., SHRI.ARAVIND RAJAGOPALAN MENON, SHRI.ANIL D. NAIR (SR.)
For the Respondents: CHRISTOPHER ABRAHAM, SHRI.P.R.AJITH KUMAR

Court directed timely consideration of the stay petition and suspension of recovery proceedings pending appeal review.

Headnote:The petitioner, an assessee under the Income Tax Act, challenged the assessment order for the assessment year 2023-2024 and filed a stay petition. The court directed the 2nd respondent to consider the stay petition within two months and suspended recovery proceedings. Issues included the status of the appeal and recovery actions, and the court emphasized timely consideration of the stay petition. The recovery proceedings are to be suspended until the decision on the stay petition.

Table of Content
1. petitioner disputes assessment order. (Para 1)
2. stay petition concerns pending recovery actions. (Para 2)
3. court orders review and suspension of recovery. (Para 3)

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 2023-2024. Along with Ext.P2, 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.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE SM/06.12 APPENDIX OF WP(C) NO. 45978 OF 2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ASSESSMENT ORDER DATED

24.03.2025 PASSED BY THE 1ST RESPONDENT Exhibit P2 TRUE COPY OF THE FORM 35 DATED 07.04.2025 FILED BEFORE THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE STAY PETITION DATED

07.04.2025 Exhibit P4 TRUE COPY OF THE COMMUNICATION DATED

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top