AI Structured Summary
Not yet generated for this judgment
Judgment
Dinesh Kumar Singh, J
Heard Mr C A Jojo learned Counsel for the petitioner, and Mr Jose Joseph learned Standing Counsel for the Income Tax Department.
The petitioner claims to be a Co-operative Society engaged in providing credit facilities to its members. The petitioner/Society is registered under the provisions of the Kerala Co-operative Societies Act 1969.
The petitioner/Society did not file the return of its income for the Assessment Year 2017-18. The petitioner was issued a show cause notice under Section 142 (1) and (2) of the Income Tax Act 1961. The petitioner ignored the said show cause notice. Thereafter, the notice under Section 147 was issued and the Assessment Order dated 11.12.2019 under the provisions of Section 144 of the Income Tax Act was finalised. The Assessing Authority assessed the tax at Rs.10,47,388/-. The petitioner filed an appeal against the Assessment Order before the 3rd respondent in Ext.P3 along with a Stay Application (Ext.P4).
The learned Counsel for the petitioner submits that the stay application and the appeal have not been considered, and the petitioner is facing recovery proceedings in respect of the assessed tax.
Considering the aforesaid facts, the Commissioner of Income Tax (Appeals)/3rd respondent is directed to take up the appeal filed by the petitioner expeditiously and decide the same within a period of three months. However, if it is not possible to decide the appeal within the period of three months, at least the stay application of the petitioner should be decided in accordance with the law within the said period of three months. For a period of three months, Revenue Recovery proceedings (Ext.P5) shall be kept in abeyance.
With the aforesaid directions, the present writ petition stands finally disposed of.