In Writ Petition No. 4410 of 2006, the Court in the interest of justice directed that upon payment of 50% of disputed tax, recovery orders shall not be executed pending a revision.
Direction to not execute recovery orders upon payment of 50% of disputed tax by 31-03-2006, pending revision.
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THE HON'BLE SRI JUSTICE BILAL NAZKI
AND
THE HON’BLE SRI JUSTICE G.CHANDRAIAH
WRIT PETITION NO.4410 OF 2006
Date:07-03-2006
Between:
M/s Sirpur Paper Mills Limited …. Petitioner
And
The Assistant Commissioner and others …Respondents
THE HON'BLE SRI JUSTICE BILAL NAZKI
AND
THE HON’BLE SRI JUSTICE G.CHANDRAIAH
WRIT PETITION NO.4410 OF 2006
O R D E R (Per the Hon’ble Sri Bilal Nazki, J):
Heard learned counsel for the parties and with their consent, the writ petition is being disposed of at this stage.
The stay application filed by the petitioner pending appeal has been dismissed. A revision is filed and the same is pending. In the meantime, the first respondent through proceedings dated 28-02-2006 has directed the bankers of the petitioner to make payments towards the disputed tax. In these circumstances, in the interest of justice, after hearing learned counsel for the parties, we direct that on payment of 50% of the disputed tax minus the amounts already deposited towards the disputed
tax, the orders passed against the petitioner for recovery of the tax shall not be given effect to. The amounts shall be deposited on or before 31st March, 2006. This order shall remain operative till the revision is decided by the revisional authority and the revisional authority shall not be influenced by this order while disposing of the revision.
The writ petition is accordingly disposed of. No order as to costs.
_____________________ (Bilal Nazki, J) 7th March, 2006 _____________________ (G.Chandraiah, J) Note: Issue C.C. by tomorrow (b/o) vrn
M/s Sirpur Paper Mills Limited
The Assistant Commissioner and others
Bilal Nazki
G. Chandraiah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
