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Supreme Court stays Kerala HC order staying recovery measures

The Supreme Court on Friday stayed  the Kerala High Court order issued yesterday that directed banks, financial institutions, income tax department and GST authorities to defer recovery proceedings or coercive measures till April 6 in the state, due to  the Coronavirus  outbreak.

The Centre had approached the apex court today after the Kerala high court took note of the coronavirus outbreak , terming it very ‘precarious and sensitive’. However, Justice Amit Rawal while issuing the order made it clear that the order would not be an impediment for any of the willing defaulters to avail the amnesty schemes as and when such schemes are promulgated or in vogue. Besides, the defaulters of GST, KVAT, Building Tax, Motor Vehicle Tax who are willing to pay the demanded amount subject to conditions fixed by the Department would not be bound by the order.

The court also restrained the adjudicating authorities from passing any adverse order till April 6 as there was a likelihood of the party not approaching them on the appointed date in view of the present situation.

The court added that the entire world is facing the threat of Coronavirus and there have been a large number of cases in India including Kerala. People are requested to stay away from any potential source of the virus and since Kerala has 42 lakh people over the age of 60 and 5.4 lakh over 80, an unprecedented health crisis cannot be ruled out.

-India Legal Bureau

 

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