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M/S. CHAYA INDUSTRIES LTD. versus COMMERCIAL TAX OFFICER

High Court of Kerala

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M/S. CHAYA INDUSTRIES LTD. v. COMMERCIAL TAX OFFICER - WP(C) No. 34395 of 2006(T) [2006] RD-KL 4113 (21 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 34395 of 2006(T)

1. M/S. CHAYA INDUSTRIES LTD.,
... Petitioner

Vs

1. COMMERCIAL TAX OFFICER,
... Respondent

2. DEPUTY COMMISSIONER OF COMMERCIAL

3. INSPECTING ASST. COMMISSIONER OF

For Petitioner :SRI.ARIKKAT VIJAYAN MENON

For Respondent : No Appearance

The Hon'ble MR. Justice P.R.RAMAN

Dated :21/12/2006

O R D E R

P.R.RAMAN, J.

``````````````````````````` W.P.(C) NO.34395 OF 2006 ```````````````````````````

Dated this the 21st day of December, 2006



J U D G M E N T

The challenge made in this writ petition is an interim order passed by the Deputy Commissioner, Appeals in the stay application filed by the petitioner. As per Exhibit P3 order, the Deputy Commissioner Appeals directed payment of 50% of the balance demanded for the year 2002-03 (KGST) and to furnish security before the Assessing Authority on or before 23/12/2006 for the balance amount on condition for granting the stay pending appeal.

2. The learned counsel appearing for the petitioner contended that there is no transfer of goods involved and he is only bringing the goods from his unit at Tirupur and after dyeing, the same is retransferred to the Tirupur unit. This is a pure question of fact which cannot be gone into at this stage.

3. In such circumstances, I find no merit in the contention that the order passed by the appellate authority is in a mechanical way or is liable to be interfered with. Time for payment is however extended till 31/12/2006 in partial modification of the order passed by Deputy Commissioner, Appeal. Subject to the above, writ petition is dismissed.

P.R.RAMAN, JUDGE

Rp


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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