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2026 Supreme(Online)(Ker) 7399

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
K.N.SIVANKUTTY, MANAGING PARTNER, S.K. HOSPITAL – Appellant
Versus
COMMISSIONER OF INCOME TAX (APPEALS) – Respondent


Advocates:
For the Appellants/Petitioners: SRI.B.KRISHNA MANI, SMT.N.V.SANDHYA, SMT.DHANUJA M.S
For the Respondents: SRI.CHRISTOPHER ABRAHAM, SRI.P.R.AJITH KUMAR

J U D G M E N T

The petitioner, being aggrieved by an assessment order passed under the provisions of the Income Tax Act, 1961 (Ext.P11), has filed an appeal before the First Appellate Authority – the 1st respondent herein, as evidenced by Ext.P12, along with an application seeking stay of recovery of the arrears of tax (Ext.P13). It is seeking to challenge the assessment order issued as above and also seeking a direction to the Appellate Authority to take a decision on the appeal that the petitioner is before this Court.

2. Heard Sri.B.Krishna Mani, the learned counsel for the petitioner, as well as Sri.Christopher Abraham, the learned Standing Counsel for the Income Tax department.

3. Insofar as an appeal has already been preferred before the 1st respondent along with an application for stay, as evidenced by Exts.P12 and P13, I am of the opinion that it is for the Appellate Authority to take a final decision with respect to the afore matter.

In such circumstances, this writ petition would stand disposed of, directing the 1st respondent herein to take a decision on Ext.P12 appeal, as expeditiously as possible, at any rate, within a period of six months from the date of receipt of

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