Sebastian Kuriakose vs Dy.Tahasildar (R.R.) on 30 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 22644 of 2008(U)


1. SEBASTIAN KURIAKOSE
                      ...  Petitioner

                        Vs



1. DY.TAHASILDAR (R.R.)
                       ...       Respondent

2. DEPUTY COMMISSIONER (APPEALS)

3. COMMERCIAL TAX OFFICER, FIRST CIRCLE

4. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.C.K.SREEJITH

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :30/07/2008

 O R D E R
                                   K.M.JOSEPH, J.
                        - - - - - - - - - - - - - - - - - - - - - - - - -
                            WP.(C) No.22644 of 2008
                        - - - - - - - - - - - - - - - - - - - - - - - - -
                        Dated this the 30th day of July, 2008

                                      JUDGMENT

Petitioner challenges Ext.P6 series calling upon him to pay

40% of the balance tax due for staying recovery.

2. I heard learned counsel for the petitioner and the learned

Government Pleader.

3. Petitioner preferred appeals against the assessment orders

and in that he has sought interim stay, whereupon 40% of the amount was

directed to be paid. Learned counsel for the petitioner points out that there

is only a case of belated filing of return and there is no basis for arriving at a

huge amount by the assessing authority.

I do not think that the petitioner can challenge the condition

imposed for payment of 40% of the balance tax. Having regard to the facts,

the petitioner is granted one month from today to pay the amount.

The writ petition is disposed of as above.

(K.M. JOSEPH, JUDGE)

sb