High Court Kerala High Court

Valsa Justin vs The Deputy Commissioner … on 12 January, 2010

Kerala High Court
Valsa Justin vs The Deputy Commissioner … on 12 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36656 of 2009(B)


1. VALSA JUSTIN, PROPRIETRESS,
                      ...  Petitioner

                        Vs



1. THE DEPUTY COMMISSIONER (APPEALS)
                       ...       Respondent

2. THE COMMERCIAL TAX OFFICER,

                For Petitioner  :SRI.RAJU JOSEPH

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :12/01/2010

 O R D E R
                   P.R. RAMACHANDRA MENON, J.
             ..............................................................................
                     W.P.(C) No. 36656 OF 2009
              .........................................................................
                    Dated this the 12th January , 2010



                                   J U D G M E N T

Challenging Exts. P1 to P3 assessment orders passed by

the assessing authority in respect of assessment years, 2005-06,

2006-07 and 2007-08, the petitioner has preferred statutory

appeals before the first respondent as borne by Exts.P4 to P6,

along with petitions for stay. However, after considering the

petitions for stay, the first respondent passed Exts.P7 to P9

interim orders, whereby, the petitioner has been directed to

deposit 1/3rd of the disputed liability and to furnish ‘security

bond’ for the balance amount before the assessing authority,

within the specified time, so as to avail the fruits of interim

stay, which in turn is subjected to challenge in this Writ Petition.

2. Heard the learned Government Pleader as well.

3. The learned Counsel for the petitioner submits that there

is a specific finding by the appellate authority in the impugned

interim orders that the matter is not based on any particular

W.P.(C) No. 36656 OF 2009

2

offence and that no specific omission or suppression has been

detected. Despite the above observation, the appellate

authority has directed the petitioner to deposit 1/3rd of the due

amount, which comes to lakhs, causing undue burden on the

shoulders of the petitioner, which is not correct or sustainable

as the said orders have been passed in a mechanical manner and

contrary to the mandate, in Supreme Electrical Engineering

(P) Ltd. vs. Commercial Tax Officer (2008 (3) KLT 805),

submits the learned Counsel.

4. After hearing the rival submissions, this Court finds that

there is considerable force in the submission made by the

learned Counsel for the petitioner, particularly in view of the

above specific observations made by the appellate authority

while passing Exts.P7 to P9 interim orders. The reasoning given

by the said authority does not tally with the observations as to

the factual position contained in the very same order . That

apart, the matter appears to have been considered and the

condition has been imposed in a stereo-typed manner, which,

hence, is not correct or sustainable; more so in view of the law

W.P.(C) No. 36656 OF 2009

3

declared in the decision cited supra.

5. In the above facts and circumstances, the stipulation

contained in Exts. P7 to P9 orders directing the petitioner to

satisfy 1/3rd of the disputed liability for availing the benefit of

the interim order stands vacated. The first respondent is

directed to consider and pass appropriate orders on Exts.P4 to

P6 appeals in accordance with law, of course, after giving an

opportunity of hearing to the petitioner as expeditiously as

possible, at any rate within one month from the date of receipt

of a copy of the judgment. It is made clear that the stay

granted by the appellate authority as per Exts. P7 to P9 orders

will continue to be in force unconditionally till such time.

The Writ Petition is disposed of.

P.R. RAMACHANDRA MENON,
JUDGE.

lk