High Court of KeralaWP(C)/14205/2015disposed of

M/S.Ambalath Book Binding v. The Commercial Tax Officer - Ii

2015-05-12Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 WP(C).No. 14205 of 2015 (A) ---------------------------- PETITIONER :

---------------------- M/S.AMBALATH BOOK BINDING, MOHAMMED YASSIN A.H., S/O.LATE A.K.ASSANAR, KIZHOOR, KUNNAMKULAM.

BY ADV. SMT.S.K.DEVI RESPONDENT(S):

----------------------------

1. THE COMMERCIAL TAX OFFICER - II, DEPT OF COMMERCIAL TAXES, KUNNAMKULAM-680 501.

2. THE ASST. COMMISSIONER (APPEALS), DEPARTMENT OF COMMERCIAL TAXES, THRISSUR-680 003.

3. THE INSPECTING ASST. COMMISSIONER, DEPT OF COMMERCIAL TAXES, WEST FORT, THRISSUR-680 003.

BY SR GOVERNMENT PLEADER SRI.M.MOHAMMED SHAFI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 14205 of 2015 (A) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 :

TRUE COPY OF THE ORDER NO.32081 207275/10-11 DT. 30-10-2014. EXT.P2 :

TRUE COPY OF THE APPEAL DT. 15-12-14 FILED AGAINST EXT.P1 ORDER.

EXT.P3 :

TRUE COPY OF THE STAY PETITION DT. 15-12-14.

EXT.P4 :

TRUE COPY OF THE DEMAND NOTICE TALUK (D1) FILE NO.2015/8910/8/200 DT. 24-4-2015 UNDER SEC.7 OF THE KERALA REVENUE RECOVERY ACT.

EXT.P5 :

TRUE COPY OF THE DEMAND NOTICE TALUK (D1) FILE NO.2015/8910/200 DT. 24-4-2015 UNDER SEC.34 OF THE KERALA REVENUE RECOVERY ACT.

RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

A. MUHAMED MUSTAQUE, J.

= = = = = = = = = = = = = W.P.(C) No.14205 of 2015 = = = = = = = = = = = = = = Dated this the 12 th day of May, 2015

JUDGMENT

Being aggrieved of Ext.P1 assessment order passed by the first respondent, the petitioner has preferred Ext.P2 appeal, along with petition for stay, which are pending consideration before the second respondent.

2. In view of the pendency of the application, there shall be a direction to the 2nd respondent appellate authority to dispose of the stay application within two months till the disposal of the stay application. All recovery proceedings pursuant to assessment order shall be kept in abeyance.

The writ petition is disposed of.

Sd/- A. MUHAMED MUSTAQUE, JUDGE sj