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2024 (1) TMI 70 - KERALA HIGH COURTStay of demand - petitioner neither filed ITR nor furnished report of audit in prescribed Form before the due date as prescribed under the provisions of Section 44AB - assessment order would disclose that though the petitioner was granted several opportunities to file return and give response to the notices, but the petitioner failed to do so. In view thereof, best judgment assessment was carried out and total assessed income was determined on which tax has been demanded and order has been passed for proceeding for penalty under Section 271B HELD THAT:- The petitioner has approached this Court in the present writ petition as this Court is exercising the parallel jurisdiction with the appellate authority. But, no such jurisdiction can be exercised under Article 226 of the Constitution of India. However, it is incumbent upon the appellate authority to decide the stay application of the petitioner, at the earliest. Present writ petition is disposed of with direction to the 2nd respondent to consider and pass appropriate orders on the stay application, Ext. P17, pending before it, in accordance with law, preferably within a period of two months.
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