Innovate Designers & Amp Builders Private Limited vs Union Of India

Gopinath P, J

Petitioner suffered Ext.P2 order of assessment under the provisions of the Income Tax Act, 1961 for the assessment for the assessment year 2022-23. Petitioner has also been served with Ext.P4 notice proposing to impose a penalty on the petitioner. The petitioner has preferred Ext.P3 appeal against Ext.P2 order of assessment together with Ext.P6 application for stay.

Learned counsel appearing for the petitioner would submit that the proceedings for recovery of any amount pursuant to Ext.P2 order of assessment may be stayed pending disposal of Ext.P6 application for stay. It is also submitted that the petitioner will file a suitable reply to the proposal for imposition of penalty.

Heard the learned Standing Counsel also.

Having heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents, the writ petition will stand disposed of, directing the 3rd respondent to consider and pass orders on Ext.P6 application for stay filed in Ext.P3 appeal, after affording an opportunity of hearing to the petitioner. Any proceedings for recovery of amounts assessed as due under Ext.P2 order of assessment will stand stayed pending consideration of the matter by the 3rd respondent. The 3rd respondent will endeavour to pass orders on Ext.P6 application for stay, within a period of two months from the date of receipt of a certified copy of this judgment.