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2026 Supreme(Online)(Ker) 20970

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
MARAVETTICAL SHOUKATH ALI ASIFALI – Appellant
Versus
INCOME TAX OFFICER, WARD-1 & TPS, THODUPUZHA – Respondent
WP(C) NO. 10585 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.S.ARUN RAJ, SMT.ANEESHA SIDHIK V. S.
For the Respondents: SHRI.JOSE JOSEPH, SC

The court determined procedural timelines for resolving appeals and stay petitions, emphasizing the need to maintain the status quo on recovery actions during ongoing assessments.

Headnote:The petitioner challenges the assessment orders pertaining to specific years under the Income Tax Act. The court stipulates the timeline for the assessment jurisdiction to consider the delay condonation and stay petitions filed by the petitioner. The relief is granted to suspend recovery procedures pending the resolution of appeals.

Table of Content
1. petitioner challenges tax assessments. (Para 1 , 2)
2. court sets timelines for petition handling. (Para 3 , 4)

JUDGMENT

The petitioner, who is an assessee under the Income Tax Act , has filed Exts.P3 and P7 appeals being aggrieved by Exts.P1 and P5 assessment orders pertaining to the assessment years 2019-2020 and 2020-2021. Along with Exts.P3 and P7 appeals, Exts.P4 and P8 stay petitions were also submitted. Along with Ext.P7 appeal a delay condonation 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 appeals and the stay petitions. 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.

4. Accordingly, it is ordered that the 2nd respondent shall take up the delay condonation application filed with Ext.P7 at first and appropriate orders thereon shall be passed within a period of two months from the date of receipt of a copy of this judgment after hearing the petitioner. In the event of the delay being condoned, the 2nd respondent shall take up Ext.P8 stay petition and appropriate orders in accordance with law shall be passed after hearing the petitioner, within a period of one month from the date of condonation of delay. As regards Ext.P3 appeal, the 2nd respondent shall take up Ext.P4 stay petition and appropriate orders thereon shall be passed, within a period of three months from the date of receipt of a copy of this judgment. Until such a decision is taken, the recovery proceedings pursuant to Exts.P1 and P5 shall be kept in abeyance.

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