IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28202 of 2008(G)
1. M/S.SOLAR CASHEW, REPRESENTED BY ITS
... Petitioner
Vs
1. THE SALES TAX APPELLATE TRIBUNAL,
... Respondent
2. THE DEPUTY COMMISSIONER, COMMERCIAL
3. THE ASSISTANT COMMISSIONER, (ASSMT),
For Petitioner :SRI.V.CHITAMBARESH (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :23/09/2008
O R D E R
K.M.JOSEPH, J.
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WP.(C) No.28202 of 2008
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Dated this the 23rd day of September, 2008
JUDGMENT
Heard learned counsel for the petitioner and the learned
Government Pleader.
The writ petition is disposed of permitting the petitioner to
move an application for stay in Ext.P8 appeal and it is directed that if the
petitioner prefers an application for stay within one week from today, the
first respondent will consider the same and take a decision thereon in
accordance with law within a period of three weeks from the date of receipt
of a copy of this judgment. Till such time as a decision is taken, recovery
proceedings will be kept in abeyance. It is open to the petitioner to rely on
the decision of this court reported in United Timber and Cashew Products
(P) Ltd. v. STO, Cannanore (1971 KLT 316) in support of its contention
that there was no admitted tax remaining to be paid for maintaining the
appeal and the dismissal of the first appeal vide Ext.P7 order is illegal.
Petitioner will produce a copy of this judgment before the second
respondent as soon as it is received.
(K.M. JOSEPH, JUDGE)
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