Case Law Details
Kolloorvila Service Co-Operative Society Ltd Vs ITO (Kerala High Court)
Kerala High Court directs timely consideration of interim stay application in Kolloorvila Service Co-Operative Society Ltd’s income tax case.
Introduction: A recent writ petition before the Kerala High Court involved Kolloorvila Service Co-Operative Society Ltd, which sought relief concerning the assessment and demand notice issued by the Income Tax department. The court’s decision in this case emphasizes the importance of considering an interim stay order before initiating income tax recovery proceedings, ensuring a fair and just process.
Detailed Analysis:
1. Background of the Case: Kolloorvila Service Co-Operative Society Ltd filed a writ petition under Article 226 of the Constitution of India, seeking various reliefs. The central issue revolved around the appeal against the assessment order (Ext.P2) and the associated demand notice (Exts.P4). The petition pertained to an amount of Rs. 1,08,03,015, which the petitioner sought to stay.
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