High Court Kerala High Court

M/S Mac & Megha Agro Equipments vs The Deputy Commissioner … on 25 June, 2009

Kerala High Court
M/S Mac & Megha Agro Equipments vs The Deputy Commissioner … on 25 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17007 of 2009(U)


1. M/S MAC & MEGHA AGRO EQUIPMENTS
                      ...  Petitioner

                        Vs



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

2. THE COMMERCIAL TAX OFFICER,

3. THE TAHSILDAR, ( REVENUE RECOVERY),

                For Petitioner  :SRI.K.V.GOPINATHAN NAIR

                For Respondent  :GOVERNMENT PLEADER

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

 Dated :25/06/2009

 O R D E R
                  P.R. RAMACHANDRA MENON, J.
              ........................................................................
                    W.P.(C) No. 17007 OF 2009
              .........................................................................
                      Dated this the 25th June, 2009

                                  J U D G M E N T

Challenging Exts P1 and P2 assessment orders passed by

the second respondent, the petitioner preferred Exts. P4 and P5

appeals along with petitions for stay and for early hearing, before

the first respondent. After considering the facts and figures, the

appellate authority passed Ext. P6 order granting interim stay on

condition that the petitioner paid 30% of the balance demand

stated as due; simultaneously furnishing a bond, as prescribed,

in respect of the balance amount . The case of the petitioner is

that eventhough 30% of the due amount as ordered vide Ext. P6

has been satisfied and a bond has also been furnished, the

second respondent has rejected the same as not acceptable,

despite the explanation offered in response to Ext.P10 show

cause notice, leading to Ext. P11 order, giving necessary

instructions to the revenue authorities to expedite the recovery

steps.

2. The learned Government Pleader appearing on behalf of

the respondents submits that the bond furnished by the

W.P.(C) No. 17007 OF 2009

2

petitioner was not at all in the proper form, which is evident from

Ext. P9 itself, where even the name of the sureties have not been

mentioned. It is pointed out with specific reference to the

statement filed in this regard that eventhough the petitioner was

given opportunity to cure the defects by returning the bond, it

was simply sent back by the petitioner without curing the same,

under which circumstances, there was no other alternative for

the second respondent but to reject the same and to proceed

with further steps.

3. The learned Counsel for the petitioner submits that the

defect in the bond was only due to an inadvertent mistake and

that the bond was returned under the bonafide impression that

all the relevant mistakes stood cured. It is further pointed out

that the petitioner was ready and willing to comply with the

directions given vide Ext. P6, so as to avail the benefit of stay

and that the attitude and understanding of the petitioner can

never be regarded as recalcitrant in any manner.

4. After hearing both the sides, this Court finds that it will

only be fit and proper to have the appeal finalised by the first

W.P.(C) No. 17007 OF 2009

3

respondent, also enabling the petitioner to avail the benefit of

interim stay, on condition that the petitioner cures the defect

within a further period of ten days to the satisfaction of the

second respondent. If proper bond, as contemplated under the

relevant provisions of Act, is furnished as above, it will be treated

as filed within time, under which circumstances, Ext. P11

proceedings issued by the second respondent will not be of any

consequences. On such an event, the first respondent shall

consider and pass appropriate orders on Exts.P4 and P5 appeals,

in accordance with law, after giving an opportunity of hearing to

the petitioner, as expeditiously as possible and at any rate within

a period of three months from the date of receipt of a copy of the

judgment.

The Writ Petition is disposed as above.

P.R. RAMACHANDRA MENON,
JUDGE.

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