Kerala High Court
WP(C)/38039/2008 of V.SAJEER Vs COMMERCIAL TAX OFFICER,(AUDIT ASSESSMENT on 26 December 2008
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930 WP(C).No. 38039 of 2008(C) -------------------------- PETITIONER: --------------- V.SAJEER, PROPRIETOR, HIRU OIL AND FLOUR MILLS, NUT STREET,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930
WP(C).No. 38039 of 2008(C)
--------------------------
PETITIONER:
---------------
V.SAJEER, PROPRIETOR, HIRU OIL AND FLOUR
MILLS, NUT STREET, VATRAKARA, KOZHIKODE.
BY ADV. SRI.ARIKKAT VIJAYAN MENON
SRI.HARISANKAR.V.MENONSMT.MEERA V.MENONSRI.MAHESH V.MENON
RESPONDENTS:
---------------
1. COMMERCIAL TAX OFFICER(AUDIT ASSESSMENT
DEPARTMENT OF COMMERCIAL TAXES, KOZHIKODE.
2. DEPUTY COMMISSIONER (APPEAL), DEPARTMENT
OF COMMERCIAL TAXES, KOZHIKODE.
3. SALES TAX OFFICER (RECOVERY),
OFFICE OF THE DEPUTY COMMISSIONER, KOZHIKODE-6.
SPL. GOVERNMENT PLEADER FOR TAXES SRI.VINOD CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26/12/2008, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
THOTTATHIL B.RADHAKRISHNAN, J----------------------------------------W.P.(C).NO.38039 of 2008 - C
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Dated this the 26[th] day of December, 2008
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J U D G M E N T--------------------
Having perused the contents of Ext.P1 assessment order,the grounds in Ext.P2 appeal and the pleadings in the writpetition and having heard the learned counsel for the petitionerand the learned Government Pleader, this writ petition is ordereddirecting that, if the petitioner remits an amount of Rs.50,000/-within a period of three weeks, any recovery on the basis ofExt.P1 including Ext.P4 will stand suspended until final disposal ofExt.P2 appeal. If such deposit is made, the appellate authoritywill consider expediting the appeal by taking it out of turn anddispose it of within a period of four months from the date ofreceipt of such deposit. The petitioner shall produce certifiedcopy of this judgment before the appellate authority.
The writ petition is ordered accordingly.
bkn/-
THOTTATHIL B.RADHAKRISHNAN, JUDGE.