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St.Dominic Cathedral Church vs Sales Tax Officer on 29 August, 2008

Kerala High Court
St.Dominic Cathedral Church vs Sales Tax Officer on 29 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25524 of 2008(L)


1. ST.DOMINIC CATHEDRAL CHURCH
                      ...  Petitioner

                        Vs



1. SALES TAX OFFICER, PONKUNNAM
                       ...       Respondent

2. SALES TAX APPELLATE TRIBUNAL

3. THAHSILDAR R.R., KANJIRAPPALLY.

                For Petitioner  :SRI.RAMESH CHERIAN JOHN

                For Respondent  : No Appearance

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

 Dated :29/08/2008

 O R D E R
                                    K.M.JOSEPH, J.
                         - - - - - - - - - - - - - - - - - - - - - - - - -
                             WP.(C) No. 25524 of 2008
                         - - - - - - - - - - - - - - - - - - - - - - - - -
                      Dated this the 29th day of August, 2008

                                       JUDGMENT

Petitioner challenges Ext.P10. Ext.P10 is an order passed by

the Tribunal dismissing the stay petition. The question to be considered is

whether rubber tree would constitute timber and would attract liability to tax

under the KGST Act. Petitioner points out that the issue is not free from

doubt. He also relied on Ext.P4 order of the Division Bench in a Tax

Revision Case. It is pointed out that none of these aspects were considered

in Ext.P10.

2. I heard learned Government Pleader also.

3. I feel that the petitioner is entitled to an interim order of stay

on condition that the petitioner deposits 30% of the amount demanded.

Accordingly, the writ petition is disposed of setting aside Ext.P10 and

directing that if the petitioner deposits 30% of the amount within two weeks

from today, revenue recovery proceedings relating to the demand for tax

with interest will be kept in abeyance till the disposal of the appeal.

(K.M. JOSEPH, JUDGE)

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