High Court Kerala High Court

Mustang Motors (Pvt.) Ltd vs Assistant Commissioner on 22 September, 2010

Kerala High Court
Mustang Motors (Pvt.) Ltd vs Assistant Commissioner on 22 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29114 of 2010(L)


1. MUSTANG MOTORS (PVT.) LTD.,
                      ...  Petitioner

                        Vs



1. ASSISTANT COMMISSIONER, COMMERCIAL TAXES
                       ...       Respondent

2. THE DY.COMMISSIONER (APPEALS),

3. THE INSPECTING ASSISTANT COMMISSIONER,

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

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :22/09/2010

 O R D E R
                 C.K. ABDUL REHIM, J
                 ------------------------------
               WP(C) NO. 29114 OF 2010
              -------------------------------------
       Dated this the 22nd day of September, 2010


                         JUDGMENT

Aggrieved by Exts.P1(a), P1(b) and P1(c) assessments

for the years 2005-06, 2006-07 and 2007-08, the petitioner

had preferred appeals before the 2nd respondent as per

Exts.P2(a), P2(b) and P2(c). The appeals are filed along

with petitions seeking condonation of delay, as per Ext.P3

(a), P3(b) and P3(c). The petitioner had also filed stay

petitions as per Exts.P4(a), P4(b) and P4(c). Grievance of

the petitioner is that without considering pendency of the

appeals and the accompanying applications, coercive steps

of recovery are now being pursued on issuing Exts.P5(a)

and P5(b) notices. Hence the petitioner is seeking

directions to restrain the recovery steps till the disposal of

the appeals.

2. Heard learned Government Pleader appearing for

the respondents. On the facts and circumstances of the

case, I am inclined to dispose of the Writ Petition by

2
WP(C) No. 29114/2010

directing the appellate authority to consider the matter on an

early basis.

3. The 2nd respondent is directed to consider and pass

orders on Exts.P3 (a), P3 (b) and P3 (c) petitions filed seeking

condonation of delay in filing the appeals. The above

petitions shall be disposed of after affording an opportunity of

hearing to the petitioner, as early as possible, at any rate

within a period of one month from the date of receipt of a

copy of this judgment. If delay is condoned and the appeals

are registered, the 2nd respondent shall consider and pass

orders on Exts.P4 (a), P4 (b) and P4 (c) stay petitions,

simultaneously.

4. Till such time orders are passed by the 2nd

respondent as directed above, recovery of amounts covered

under Exts.P1 (a), P1 (b) and P1 (c), which is now initiated

pursuant to Exts.P5 (a) and P5 (b) shall be kept in abeyance.

5. The petitioner will produce a copy of this judgment

before the 2nd respondent.

C.K. ABDUL REHIM
JUDGE
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