Choyi Sreedharan vs Deputy Commissioner Of Appeals on 9 February, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4253 of 2010(F)


1. CHOYI SREEDHARAN,
                      ...  Petitioner

                        Vs



1. DEPUTY COMMISSIONER OF APPEALS,
                       ...       Respondent

2. ASSISTANT COMMISSIONER OF TAXES-I,

3. SALE TAX OFFICER(RECOVERY),

                For Petitioner  :SRI.NIRMAL. S

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :09/02/2010

 O R D E R
                         K. SURENDRA MOHAN, J.
                ------------------------------------------------------------
                      W.P(C) NO: 4253 OF 2010 F
                -----------------------------------------------------------
                  Dated this the 9th February, 2010.

                                    JUDGMENT

The petitioner is the Managing Partner of Messrs. Ferrous

Enterprises. He is a wholesale dealer in cement and steel. The

petitioner has been assessed to sales tax for the year 2007-08 as

per Ext.P1 assessment order. His escaped turnover has been fixed

at Rs.23,97,507/-. The petitioner challenged the assessment order

in appeal before the first respondent. Ext.P2 is his appeal, which is

accompanied by a separate petition for stay. However, no orders

have been passed on his appeal and stay petition, till date. At the

same time as per Ext.P3 Revenue Recovery proceedings have been

initiated against him. Therefore, the petitioner seeks appropriate

directions for an expeditious disposal of his appeal and stay

petition.

2. In the above circumstances this writ petition is disposed of

directing the first respondent to consider the stay petition filed by

the petitioner in accordance with law, as expeditiously as possible

and at any rate within a period of one month from the date of

receipt of a copy of this judgment. In the meantime the Revenue

Recovery proceedings initiated against the petitioner shall remain

WPC 4253/2010 2

stayed till final orders are passed on his stay petition. The

petitioner may move the first respondent for an early hearing of the

appeal by filing a proper petition. If such a petition is filed, the

same shall also be considered by the first respondent in accordance

with law.

                                           K. SURENDRA MOHAN
                                                  Judge
jj

WPC 4253/2010    3

                      K.K.DENESAN & V. RAMKUMAR, JJ.

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M.F.A.NO:

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JUDGMENT

Dated: