High Court Kerala High Court

M/S.Anoop Associates vs The Intelligence Officer on 13 July, 2010

Kerala High Court
M/S.Anoop Associates vs The Intelligence Officer on 13 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21677 of 2010(H)


1. M/S.ANOOP ASSOCIATES, 27/3706 D,
                      ...  Petitioner

                        Vs



1. THE INTELLIGENCE OFFICER, SQUAD NO.VIII
                       ...       Respondent

2. THE COMMERCIAL TAX OFFICER,

3. THE DEPUTY COMMISSIONER (APPEALS)

4. STATE OF KERALA REPRESENTED BY THE

                For Petitioner  :SRI.S.SHYAM

                For Respondent  : No Appearance

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

 Dated :13/07/2010

 O R D E R
                   P.R. RAMACHANDRA MENON, J.
             ..............................................................................
                    W.P.(C) No. 21677 OF 2010
              .........................................................................
                        Dated this the 13th July, 2010



                                   J U D G M E N T

Challenging Ext.P5 order passed by the first respondent ,

imposing penalty, Ext.P6 appeal along with an interlocutory

application for early hearing have been filed before the third

respondent . Even though the amount covered by Ext. P5 has

been satisfied by the petitioner, further proceedings have been

pursued by the second respondent issuing Ext.P9 notice for

effecting assessment under Section 25 of the K.V.A.T. Act, which

hence is under challenge.

2. Considering the facts and circumstances, the third

respondent is directed to consider Ext .P6 appeal and pass final

orders thereon, in accordance with law , after giving an

opportunity of hearing to the petitioner, as expeditiously as

possible at any rate within two months from the date of receipt of

a copy of the judgment. It is made clear that all further

W.P.(C) No. 21677 OF 2010

2

proceedings pursuant to Ext.P9 for effecting the assessment

shall be kept in abeyance till such final orders are passed on

Ext.P6 appeal.

The Writ Petition is disposed of.

P.R. RAMACHANDRA MENON,
JUDGE.

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