IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 2914 of 2008(V)
1. VIDYA KRISHNAN, JANCO CRUSHER UNIT,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. DEPUTY COMMISSIONER (APPEALS),
3. COMMERCIAL TAX OFFICER (AA),
4. DEPUTY TAHSILDAR (R.R), ADOOR.
For Petitioner :SRI.P.HARIDAS
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :28/01/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No.2914 of 2008
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Dated this the 28th day of January, 2008
JUDGMENT
The matter arises under the KVAT Act. The assessment
was completed against the petitioner. Petitioner had filed
appeals before the 2nd respondent. During the pendency of the
appeals when recovery proceedings were initiated by Exts.P7 to
P10, petitioner approached this court by filing W.P.(C)
No.34576/07 and that writ petition was disposed of directing
disposal of the appeal. It is stated that appeal has been
disposed of and that those orders are under challenge before the
additional 5th respondent in Exts.P13 and P14 appeals. It is also
stated that along with these appeals petitioner has also filed
Ext.P13(a) and Ext.P14(a) stay petitions. Since the Tribunal has
not been notified, appeal or stay petition has not been taken up
for consideration and in the meanwhile, petitioner submits that
recovery steps in pursuance to Exts. P7 to P10 are continued. It
is in this background, the writ petition has been filed.
WPC2914/2008 2
2. It is a fact that the additional 5th respondent has not
been notified and the learned Government Pleader submitted
that the Tribunal will be notified by the middle of February 2008.
In view of this, I direct that the Tribunal on being notified under
the KVAT Act shall take up for consideration Exts.P13 and P14
appeals filed by the petitioner and this shall be done as
expeditiously as possible and at any rate within eight weeks from
the date of production of a copy of this judgment. In the
meanwhile, further proceedings pursuant to Exts. P7 to P10 will
stand deferred on condition that the petitioner remits 1/3rd
amount due within three weeks from today.
The writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
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