Oralium Limited Vs ACIT (Kerala High Court)
Oralium Limited, an assessee under the Income Tax Act, challenged a penalty order for the assessment year 2020-21 through an appeal and a stay petition. The petitioner sought to halt recovery proceedings while these matters were pending. The Kerala High Court, after hearing both parties, disposed of the writ petition by directing the 2nd respondent to consider the stay petition and pass appropriate orders within two months of receiving the judgment. Meanwhile, the Court ordered that the recovery proceedings related to the penalty order be kept in abeyance until a decision on the stay petition is made. This ensures that recovery enforcement is paused pending judicial consideration.
FULL TEXT OF THE JUDGMENT/ORDER OF KERALA HIGH COURT
The petitioner, who is an assessee under the Income Tax Act, has filed Ext.P2 appeal being aggrieved by Ext.P1 penalty order pertaining to the assessment year 2020-2021. 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.
