High Court of KeralaWP(C)/22310/2015disposed of

M/S.Pioneer Infrastructures Co. (P) Ltd. v. Deputy Commissioner (Appeals)-Ii, Ekm

2015-07-233 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 23RD DAY OF JULY 2015/1ST SRAVANA, 1937 WP(C).No. 22310 of 2015 (K) ---------------------------- PETITIONER:

------------------- M/S.PIONEER INFRASTRUCTURES CO. (P) LTD., BEEJAY TOWERS, RAJAJI ROAD, KOCHI.

BY ADV. SRI.A.KUMAR RESPONDENT(S):

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

1. DEPUTY COMMISSIONER (APPEALS)-II, COMMERCIAL TAXES, ERNAKULAM - 682 015.

2. COMMERCIAL TAX OFFICER-I, WORKS CONTRACT, OFFICE OF THE DEPUTY COMMISSIONER, COMMERCIAL TAXES, ERNAKULAM - 682 015.

BY SENIOR GOVT. PLEADER SMT.SOBHA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 22310 of 2015 (K) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS:

EXT. P1 :

TRUE COPY OF THE ASSESSMENT ORDER DATED 28.11.2014. EXT. P2 :

TRUE COPY OF THE APPEAL.

EXT. P3 :

TRUE COPY OF THE APPLICATION FOR STAY.

EXT. P4 :

TRUE COPY OF THE ORDER DATED 14.7.2015.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.22310 of 2015 ****************************************************************************** Dated this the 23rd day of July, 2015

JUDGMENT

The petitioner impugning conditional order in an application for stay before the Appellate Authority as against the assessment, have approached this Court. It is the case of the petitioner that his contention has not been adverted and the condition imposed in the order is too onerous.

Having adverted in the conditional order, I do not find any infirmity with the order imposing condition. However, taking note of the contention of the petitioner, I am of the view, the condition is to be modified on payment of Rs.2 lakhs within three weeks and the petitioner shall abide by all other conditions. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln