Powerlink vs Commercial Tax Officer(Audit … on 7 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 32889 of 2008(M)


1. POWERLINK, OPP.TRIVANDRUM CLUB,
                      ...  Petitioner

                        Vs



1. COMMERCIAL TAX OFFICER(AUDIT ASSESSMENT)
                       ...       Respondent

2. THE COMMERCIAL TAX OFFICER, FIRST CIRCLE

3. THE DY.COMMISIONER (APPEALS),

                For Petitioner  :SRI.S.ANIL KUMAR (TRIVANDRUM)

                For Respondent  : No Appearance

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

 Dated :07/11/2008

 O R D E R
                       K. M. JOSEPH, J.
                --------------------------------------
                W.P.C. NO. 32889 OF 2008 M
                 --------------------------------------
               Dated this the 7th November, 2008

                           JUDGMENT

Heard the learned counsel for petitioner and the learned

Government Pleader. Petitioner challenges Ext.P6, which is an

order passed by the third respondent granting stay on condition

of payment of fifty per cent and also furnishing security. After

perusing the order, I feel that the petitioner is justified in

challenging the order as being without considering the

contentions and giving reasons. Accordingly, I quash Ext.P6.

The third respondent will consider the matter afresh and take a

decision in accordance with law within a period of three weeks

from the date of receipt of a copy of this Judgment. Recovery

proceedings will be kept in abeyance till a decision is taken as

aforesaid.

Sd/=
K. M. JOSEPH, JUDGE

kbk.

// True Copy //

PS to Judge