High Court Kerala High Court

M/S. Kokad Pharmaceutical vs The Commercial Tax Officer on 19 August, 2008

Kerala High Court
M/S. Kokad Pharmaceutical vs The Commercial Tax Officer on 19 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24269 of 2008(L)


1. M/S. KOKAD PHARMACEUTICAL
                      ...  Petitioner

                        Vs



1. THE COMMERCIAL TAX OFFICER,
                       ...       Respondent

2. THE SALES TAX APPELLATE TRIBUNAL,

3. THE DEPUTY TAHASILDAR (R.R)

                For Petitioner  :SRI.K.J.ABRAHAM

                For Respondent  : No Appearance

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

 Dated :19/08/2008

 O R D E R
                        K. M. JOSEPH, J.
                 --------------------------------------
                  W.P.C. NO. 24269 OF 2008 L
                  --------------------------------------
                 Dated this the 19th August, 2008

                            JUDGMENT

Petitioner has filed Second Appeals against the assessment

orders for the years 2000 – 2001, 2002 – 2003, 2003 – 2004 and

2004 – 2005 before the second respondent Appellate Tribunal.

Petitioner has also filed Ext.P4 series of stay petitions in respect

of the assessment orders for the years 2000 – 2001, 2002 – 2003

& 2003 – 2004. In the meantime, petitioner is faced with

recovery proceedings as far as the assessment orders for the

years 2002 – 2003, 2003 – 2004 and 2004 – 2005. As far as the

assessment for 2004 – 2005 is concerned, it is under Section 17

(d) of the KGST Act. Under Section 17(d), the petitioner has to

pay the entire amount. But, as far as other years are concerned,

petitioner has filed stay petitions. I have heard the learned

Government Pleader also. The Writ Petition is disposed of

directing the second respondent Appellate Tribunal to consider

and take a decision on Ext.P4 series of stay petitions in

WPC. 24269/08 L 2

accordance with law, within a period of three weeks from the

date of receipt of a copy of this Judgment. The recovery

proceedings pursuant to Exts.P5 and P5 (a) in relation to the

assessment years 2002-2003 and 2003 – 2004 will be kept in

abeyance till a decision is taken on Ext.P4 series stay petitions.

Petitioner will produce a copy of this Judgment before the

second respondent Appellate Tribunal as soon as it is made

available to it.

Sd/=
K. M. JOSEPH, JUDGE

kbk.

// True copy//
PS to Judge