Kerala High Court: As the appeal has already been heard and final orders are pending, all additional proceedings shall be kept in suspension until the appeal’s final orders are passed.
In a recent development in WP(C) NO. 10163 OF 2024 under the Income Tax Act, 1961, the Kerala High Court has directed that proceedings be put on hold until the final orders are passed on an appeal. The case revolves around the assessment of Pallathukadavil Ibrahimkutty Abdul Kabeer for the year 2018-19.
Here’s a breakdown of the key points:
Assessment and Revision Order: The petitioner’s assessment was completed on 15.03.2021. However, under Section 263 of the Income Tax Act, the Principal Commissioner of Income Tax issued a revision order. This order found the initial assessment to be incorrect and prejudicial to the revenue. Consequently, the assessment order was set aside, and the Assessing Officer was directed to conduct a fresh assessment.
Filed Appeal: The applicant promptly filed an appeal against this revision order.
Court Proceedings: The petitioner’s appeal was heard on 09.02.2024. However, amidst these proceedings, the applicant received a tax notice. In light of this, the petitioner has requested that any further proceedings be suspended until the final orders are issued on the appeal.
In response to this situation, Justice Gopinath P of the Kerala High Court has made a decisive ruling. The court has mandated that, given the appeal has already been heard and final orders are pending, all additional proceedings shall be kept in suspension until the appeal’s final orders are passed.
This ruling by the Kerala High Court underscores the importance of due process and fair consideration of appeals under the Income Tax Act. It ensures that the petitioner’s rights are protected and that further actions are halted pending the resolution of the ongoing appeal.
Also Read: New Income Tax Forms Released by Department: Form 1, Form 10IEA, Form 10IFA and Form 3AF
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