M/S. M.S. Wire Products vs The Deputy Commissioner … on 22 February, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 6261 of 2008(U)


1. M/S. M.S. WIRE PRODUCTS,
                      ...  Petitioner

                        Vs



1. THE DEPUTY COMMISSIONER (APPEALS),
                       ...       Respondent

2. THE COMMERCIAL TAXES OFFICER,

3. THE TAHSILDAR (R.R), KOLLAM.

                For Petitioner  :SRI.K.G.ANIL BABU

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :22/02/2008

 O R D E R
                            ANTONY DOMINIC, J.

                          ===============

                      W.P.(C) NO. 6261 OF 2008 U

                     ====================


             Dated this the 22ndday of February, 2008


                                J U D G M E N T

Petitioner submits that against Ext.P4 order of assessment,

the petitioner has filed Ext.P5 appeal and that the said appeal is

pending before the 1st respondent. While the appeal is pending,

apprehending recovery proceedings this writ petition has been filed.

2. In view of the pendency of the appeal, I direct that the

1st respondent shall take up the appeal, consider the same with

notice to the petitioner and pass final orders. This shall be done, as

expeditiously as possible, at any rate within six weeks of

production of a copy of this judgment. Since the petitioner is

relying on Ext.P2 certificate and is asserting its claim for complete

exemption, I direct that any proceedings for realisation of the

amount due under Ext.P4 assessment order shall be kept in

abeyance pending final orders in the appeal filed by the petitioner.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE.

Rp