Dismissal of stay petition for failure to comply with non-existing condition is perverse

C Prasannakumaran Unnithan Vs ITAT (Kerala High Court)

Kerala High Court held that dismissal of stay petition on the ground of failure to comply with a non-existing condition precedent is perverse and requires interference. Accordingly, writ admitted and order set aside.

Facts- Vide the present petition, the petitioner challenges order passed by the Income Tax Appellate Tribunal, Cochin Bench vide which the stay petition filed by the petitioner in the said appeal was dismissed. Petitioner also challenges order of the 3^rd respondent imposing penal

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