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M/S. SANGHVI CORPORATION versus DEPUTY COMMISSIONER (APPEALS)

High Court of Kerala

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M/S. SANGHVI CORPORATION v. DEPUTY COMMISSIONER (APPEALS) - WP(C) No. 34023 of 2006(A) [2006] RD-KL 3977 (20 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 34023 of 2006(A)

1. M/S. SANGHVI CORPORATION,
... Petitioner

Vs

1. DEPUTY COMMISSIONER (APPEALS),
... Respondent

2. ASSISTANT COMMISSIONER (ASSESSMENT),

3. INSPECTING ASSISTANT COMMISSIONER,

For Petitioner :SRI.G.HARIHARAN

For Respondent : No Appearance

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

Dated :20/12/2006

O R D E R

P.R.RAMAN, J.

``````````````````````````` W.P.(C) NO. 34023 OF 2006 ```````````````````````````

Dated this the 20th day of December, 2006



J U D G M E N T

Petitioner is an assessee under the KGST Act as against the assessment order for the year 2001-02. He preferred an appeal along with stay application before the appellate authority namely the Deputy Commissioner (Appeals), Ernakulam. The stay application was disposed of by Exhibit P7 order requiring the petitioner to deposit the amount of 50% on or before 30/03/2006 and to furnish security for the balance amount. Petitioner challenged the stay order, but this court declined to interfere by Exhibit P8 judgment. However, this court observed that in case the petitioner wants an extension for remittance of the 50%, he can approach the authority. Pursuant thereto Exhibit P9 application was given for extension of time. However, it is contended that no orders are passed on Exhibit P9. Petitioner produced Exhibit P10. So that he has already complied with the condition of payment of 50% of the amount as directed by the appellate authority ofcourse belatedly in such circumstances he prays that the revenue recovery of the balance recovery amount WPC 34023/2006 be stayed.

2. Heard both sides.

3. In the light of the fact that petitioner has already paid 50% of the amount as evidenced by Exhibit P10, the time for payment of the 50% of the amount as directed in Exhibit P7 will stand extended upto 28/11/2006, the date on which he had paid the amount. Recovery of the balance amount will stand stayed as directed in the appellate order until disposal of the appeal. The petitioner if he has not furnished security for the balance amount, the same shall be done within a period of three weeks. Writ petition is disposed of as above.

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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