High Court Kerala High Court

E.I.Jose And Others vs Sales Tax Officer on 27 February, 2009

Kerala High Court
E.I.Jose And Others vs Sales Tax Officer on 27 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6426 of 2009(W)



1. E.I.JOSE AND OTHERS
                      ...  Petitioner

                        Vs

1. SALES TAX OFFICER, COMMERCIAL TAXES
                       ...       Respondent

                For Petitioner  :SRI.E.K.NANDAKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :27/02/2009

 O R D E R
                        K. M. JOSEPH, J.
                 --------------------------------------
                 W.P.C. NO. 6426 OF 2009 W
                 --------------------------------------
              Dated this the 27th February, 2009

                           JUDGMENT

Case of the petitioners, in brief, is as follows:

Petitioners are erstwhile Partners of a Firm. Exts.P2 to

P13 are recovery notices issued under the Revenue Recovery

Act, to recover the amounts due on the basis of assessments

which have been completed and the case is that it is without

serving pre-assessment notices on the petitioners that the

assessments have been completed. Petitioners have filed

Ext.P14 seeking orders of assessment as also copies of the pre-

assessment notices, and proof of service in regard to the same.

The request in Ext.P14 is to keep the recovery proceedings in

abeyance, in view of the non-service of the assessment

proceedings.

2. I heard Shri Anil D. Nair, learned counsel appearing for

the petitioners and also the learned Government Pleader. In the

circumstances, the Writ Petition is disposed of as follows:

WPC.6426/09 W 2

Learned Government Pleader points out that Ext.P14

cannot be treated as an application sufficient for grant of the

copies. Learned counsel for the petitioners would submit that

the petitioners will apply by furnishing necessary stamps. There

will be a direction that if the petitioners supply sufficient stamps

within a period of two days from today, the assessment orders

will be served within a period of one week from the date on

which the stamps are supplied. Recovery proceedings will be

kept in abeyance for three weeks from today.

Sd/=
K. M. JOSEPH, JUDGE

kbk.

// True Copy //
PS to Judge