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2025 Supreme(Online)(Ker) 57617

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
ABDULLA MALANAD ABDUL ASHRAF – Appellant
Versus
ASSISTANT DIRECTOR OF INCOME TAX, CENTRALISED PROCESSING CENTRE, INCOME TAX DEPARTMENT, BENGALURU – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.PADMANATHAN K.V., SRI.R.SREEJITH
For the Respondents: SHRI.JOSE JOSEPH, SC

Table of Content
1. challenge to assessment order and rectification process (Para 1 , 2)
2. court ordered stay on further recovery proceedings (Para 3)

JUDGMENT

The petitioner, is an assessee under the Income Tax Act . Ext.P1 is the assessment order pertaining to the assessment year 2020-2021 and later the said order was rectified as per Ext.P2 order. Challenging Ext.P2, Ext.P3 appeal was filed. Along with Ext.P3, Ext.P4 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.P4 stay petition and pass appropriate orders thereon within a period of two months from the date of receipt of this judgment. Till such a decision is taken, further proceedings pursuant to Ext.P2 shall be kept in abeyance.

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