M/S.Kerala Steel Associates vs The Asst.Commissioner-Ii on 16 December, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36903 of 2008(R)



1. M/S.KERALA STEEL ASSOCIATES
                      ...  Petitioner

                        Vs

1. THE ASST.COMMISSIONER-II
                       ...       Respondent

                For Petitioner  :SRI.K.SRIKUMAR

                For Respondent  : No Appearance

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

 Dated :16/12/2008

 O R D E R
                                  K.M.JOSEPH, J.
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                           WP.(C) No. 36903 of 2008
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                    Dated this the 16th day of December, 2008

                                     JUDGMENT

I heard learned counsel for the petitioner and the learned

Government Pleader.

2. Ext.P6 is an order passed granting stay on condition of the

petitioner paying 50% of the tax due and furnishing security for the balance

amount. On a perusal of the order it falls foul of the dictum laid down by

this court in the decision reported in Supreme Electrical Engineering (P)

Ltd., v. Commercial Tax Officer (2008 (3) KLT 805).

Accordingly, I quash Ext.P6. The second respondent will pass

an order in accordance with law within a period of three weeks from the

date of production of a copy of this judgment.

(K.M. JOSEPH, JUDGE)

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