High Court Kerala High Court

Johnson.C.F. vs Commercial Tax Officer on 3 March, 2010

Kerala High Court
Johnson.C.F. vs Commercial Tax Officer on 3 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 6762 of 2010(U)


1. JOHNSON.C.F., M/S.VIJAYA AGENCIES,
                      ...  Petitioner

                        Vs



1. COMMERCIAL TAX OFFICER,
                       ...       Respondent

2. DEPUTY COMMISSIONER (APPEALS)

3. INSPECTING ASST.COMMISSIONSER

                For Petitioner  :SRI.HARISANKAR V. MENON

                For Respondent  : No Appearance

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

 Dated :03/03/2010

 O R D E R
                   P.R. RAMACHANDRA MENON, J.
             ..............................................................................
                       W.P.(C) No. 6762 OF 2010
              .........................................................................
                       Dated this the 3rd March, 2010



                                   J U D G M E N T

Challenging Ext.P1 assessment order and Ext. P2 order

imposing penalty, passed by the first respondent, the petitioner

has preferred Exts. P3 and P4 appeals along with Ext.P5 petition

to condone the delay in filing the appeal in respect of penalty

and also Exts.P6 and P7 petitions for stay. The case of the

petitioner is that it is without any regard to the pendency of the

said proceedings, that coercive steps are being pursued against

the petitioner, as borne by Exts. P8 and P9, which, hence, are

under challenge in this Writ Petition.

2. Heard the learned Government Pleader as well.

3. Considering the facts and circumstances, the second

respondent is directed to consider and pass appropriate orders on

Ext. P5 petition to condone the delay in filing the concerned

appeal and also Ext. P6 and P7 petitions for stay in accordance

W.P.(C) No. 6762 OF 2010

2

with law, 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 till such orders are passed on Ext. P5 petition to

condone the delay in filing the appeal and also on Exts. P6 and

P7 petitions for stay, all further proceedings pursuant to Exts. P8

and P9 shall be kept in abeyance.

The Writ Petition is disposed of.

P.R. RAMACHANDRA MENON,
JUDGE.

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