Cryptm Confectioners (India) … vs Deputy Tahsildar (R.R.) on 14 August, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 10596 of 2006(J)


1. CRYPTM CONFECTIONERS (INDIA) PVT.LTD.,
                      ...  Petitioner

                        Vs



1. DEPUTY TAHSILDAR (R.R.),
                       ...       Respondent

2. VILLAGE OFFICER, THODUPUZHA.

3. INSPECTING ASSISSTNAT COMMISSIONER,

                For Petitioner  :SRI.P.K.JOSEPH

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

 Dated :14/08/2008

 O R D E R
                      C.N.RAMACHANDRAN NAIR, J.
                 ....................................................................
                           W.P.(C) No.10596 of 2006
                 ....................................................................
                  Dated this the 14th day of August, 2008.

                                        JUDGMENT

The petitioner is challenging recovery proceedings on the ground that

recovery under original orders is not tenable because the original orders

have been modified in appeal. Government Pleader submitted that modified

orders are issued later. However, appeal is stated to be pending for one year

and it is not known whether revisions filed against penalty orders are still

pending. In any case W.P. is disposed of directing respondents 1 and 3 to

proceed for recovery based on revised orders issued by the Assessing

Officer in terms of direction contained in the appellate order. If any appeal

or revision is pending, there will be direction to the authority before whom

such appeal or revision is pending, to dispose of the same within two

months from now. The petitioner will produce copy of this judgment for

compliance by such authority.

C.N.RAMACHANDRAN NAIR
Judge
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