COURT OF KERALA AT ERNAKULAM PRESENT: THE…
None; Writ petition disposed of directing respondent to consider stay petition in one month and keeping tax demand in abeyance pending appeal.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 28TH DAY OF OCTOBER 2016/6TH KARTHIKA, 1938
WP(C).No. 34645 of 2016 (E)
PETITIONER:
M/S.MODERN ELECTRICALS, DOOR NO.XXV/1475, 1476, CHETTUPUZHA BUILDING, KURUPPAM ROAD, THRISSUR, REPRESENTED BY ITS MANAGING PARTNER JOSE MATHEW.
BY ADVS.SRI.K.J.ABRAHAM SRI.NIKHIL JOHN SRI.CHERIAN PUNNOOSE
RESPONDENT(S):
1. THE ASSISTANT COMMISSIONER (ASSMT), O/O.THE ASSISTANT COMMISSIONER (ASSMT), COMMERCIAL TAXES, SPECIAL CIRCLE, THRISSUR -680 004.
2. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM-682 015.
BY GOVERNMENT PLEADER SRI.V.K.SHAMSUDHEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 34645 of 2016 (E)
APPENDIX
PETITIONER(S)' EXHIBITS:
P1 : TRUE COPY OF THE ASSESSMENT ORDER NO. 32080233835/2013-14 DATED 29.09.2016.
P3 : TRUE COPY OF THE FORM NO.30 STAY PETITION DATED 24.10.2016.
RESPONDENT(S)' EXHIBITS: NIL
//TRUE COPY//
P.S. TO JUDGE
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**A.M.SHAFFIQUE, J * * * * * * * * * * * *** W.P.C.No.34645 of 2016
Dated this the 28th day of October 2016
J U D G M E N T
Petitioner has filed Ext.P2 appeal as well as Ext.P3 application for stay before the 2nd respondent. It is submitted that during the pendency of the appeal steps are being taken by the respondent authorities for recovering the amount demanded pursuant to Ext.P1 order.
Accordingly, this writ petition is disposed of as under: i) The 2nd respondent shall consider Ext.P3 stay petition filed along with the appeal within a period of one month from the date of receipt of a copy of this judgment.
W.P.C.No.34645/2016
2
ii) In the meantime, the demand made pursuant to Ext.P1
order shall be kept in abeyance.
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
jsr
1 issue framed by the court
Whether a stay on tax recovery should be granted pending the appeal?
M/S. MODERN ELECTRICALS
THE ASSISTANT COMMISSIONER (ASSMT)
THE DEPUTY COMMISSIONER (APPEALS)
A.M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
