High Court Kerala High Court

Hotel Doubloon vs Assistant Commissioner on 15 November, 2007

Kerala High Court
Hotel Doubloon vs Assistant Commissioner on 15 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 2708 of 2007()


1. HOTEL DOUBLOON,KALLAMBALAM,
                      ...  Petitioner

                        Vs



1. ASSISTANT COMMISSIONER
                       ...       Respondent

2. DEPUTY COMMISSIONER (APPEAL)

3. STATE OF KERALA REP. BY

4. DEPUTY THASILDAR

                For Petitioner  :SRI.R.ANILKUMAR

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.M.JOSEPH

 Dated :15/11/2007

 O R D E R
                         H.L. DATTU, CJ. & K.M. JOSEPH, J.
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                          WRIT APPEAL No. 2708 of 2007
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                     Dated this the 15th day of November, 2007.

                                           JUDGMENT

H.L.DATTU, CJ,

Discretionary order passed by the First Appellate Authority was the

subject matter of a writ petition at the instance of the assessee. The learned Single

Judge has modified that interim order passed by the First Appellate Authority, once

again exercising his extraordinary and discretionary jurisdiction. Aggrieved by the said

order, the assessee/petitioner in the writ petition is before us in this writ appeal.

2. Normally, in fiscal matters, this court is not expected to grant interim

orders, for the reason that the State Government cannot run on bank

guarantees/immovable property securities etc.. This issue is well settled by the

Supreme Court in the case of Empire Industries Limited and others v. Union of India

and others ((1987) 64 STC 42). But, in exceptional cases, this Court can exercise its

extra ordinary jurisdiction and pass such order, keeping in view the interest of the

revenue and that of the assessee. That is what that is done by the learned Single

Judge in the instant case. The Appellant should be satisfied with that order. A

harmless and beneficial order cannot be subject matter of an appeal. Therefore, in

our view, the appeal requires to be rejected and accordingly, it is rejected.

Ordered accordingly.

H.L. DATTU,
CHIEF JUSTICE

K.M. JOSEPH,
JUDGE

sb/DK.